GLENN BEVER V. QUALITY LOAN SERVICE CORP., No. 16-15797 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION DEC 21 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT GLENN W. BEVER; KAREN L. BEVER, Plaintiffs-Appellants, U.S. COURT OF APPEALS No. 16-15797 D.C. No. 1:16-cv-00079-AWI-SKO v. MEMORANDUM* QUALITY LOAN SERVICE CORPORATION; CITIMORTGAGE INC., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. Glenn W. Bever and Karen L. Bever appeal pro se from the district court’s judgment dismissing their action alleging violations of the Fair Debt Collection Practices Act related to the foreclosure of their home. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of res judicata. * 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). Headwaters, Inc. v. U.S. Forest Serv., 399 F.3d 1047, 1051 (9th Cir. 2005). We affirm. The district court properly dismissed the Bevers’ action as barred by the doctrine of res judicata because the Bevers’ claims arose out of the same transactional nucleus of facts as their claim in a prior federal action between the parties or those in privity that resulted in a final judgment on the merits. See id. at 1052 (elements of res judicata). We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). AFFIRMED. 2 16-15797

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