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Chayo BRIGGS, a Male individual; Abraham Vega Moreno, Plaintiffs-Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, a National Banking Association as Trustee for Morgan Stanley ABS Capital Inc, Home Equity Trust 2005-HE7, Erroneously Sued As Deutsche Bank National Trust Company; et al., Defendants-Appellees

United States Court of Appeals for the Ninth Circuit2015-04-30No. No. 13-55615
601 F. App'x 532

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Opinion

majority opinion

MEMORANDUM

Chayo Briggs and Abraham Vega Moreno appeal pro se from the district court’s judgments in their action alleging violations of state and federal law in connection with a non-judicial foreclosure. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the district court’s dismissal for failure to comply with its local rules. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.1995) (per curiam). We affirm.

The district court did not abuse its discretion in dismissing plaintiffs’ claims against defendants Deutsche Bank National Trust Co., JP Morgan Chase Bank, N.A., Mortgage Electronic Registration Systems, Inc., and WMC Mortgage Corporation because plaintiffs failed to oppose these defendants’ motions to dismiss. See C.D. Cal. R. 7-9 (requiring the filing of an opposition or statement of non-opposition to a motion to dismiss); C.D. Cal. R. 7-12 (providing that the failure to file any required document may be deemed consent to the granting or denial of the motion); Ghazali, 46 F.3d at 53-54 (setting forth factors to be considered before dismissing an action for failure to follow the local rules, affirming dismissal for failure to file opposition to motion to dismiss, and noting that pro se litigants are bound by the rules of procedure).

We reject defendant WMC Mortgage Corporation’s argument that this court lacks appellate jurisdiction over plaintiffs’ appeal. See Fed. R.App. P. 4(b)(2) (“A notice of appeal filed after the court announces a decision, sentence, or order— but before the entry of the judgment or order — is treated as filed on the date of and after the entry.”)

Defendants Deutsche Bank National Trust Co., JP Morgan Chase Bank, N.A., and Mortgage Electronic Registration Systems, Inc.’s Motion to Take Judicial Notice, filed on December 17, 2013, is granted.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.