RAPHEAL RUSSELL V. BANK OF AMERICA, No. 16-35076 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION MAR 2 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT RAPHEAL G. RUSSELL, Plaintiff-Appellant, v. U.S. COURT OF APPEALS No. 16-35076 D.C. No. 2:15-cv-00306-RSL MEMORANDUM* BANK OF AMERICA; SERVICE LINK, Defendants-Appellees. Appeal from the United States District Court for the Western District of Washington Robert S. Lasnik, District Judge, Presiding Submitted February 14, 2017** Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges. Rapheal G. Russell appeals pro se from the district court’s judgment dismissing his diversity action for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We affirm. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court properly dismissed Russell’s action because Russell failed to allege facts sufficient to state a claim for relief and failed to oppose defendants’ motions to dismiss. See id. at 341-42 (although pro se pleadings are to be liberally construed, a plaintiff must still present factual allegations sufficient to state a plausible claim for relief); see also W.D. Wash. R. 7(b)(2) (the court may deem a failure to oppose a motion as an admission that the motion has merit). We do not consider arguments not raised in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). We reject as without merit Russell’s argument related to the district court’s failure to change the trial date. AFFIRMED. 2 16-35076

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