CONGDON v. WELLS FARGO BANK NATIONAL ASSOCIATION FKA FSB FSB (2018)

MEMORANDUM **

Brenda Congdon appeals pro se from the district court’s judgment in her action alleging federal and state law claims arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Chappel v. Lab. Corp. of Am., 232 F.3d 719, 725-26 (9th Cir. 2000) (motion for leave to amend); Sch. Dist. No. 1J Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (motion for reconsideration). We affirm.

The district court did not abuse its discretion by denying Congdon’s motion for reconsideration under Federal Rules of Civil Procedure 59(e) or 60(b) because Congdon failed to establish any basis for relief. See Sch. Dist. No. 1J Multnomah Cty., Or., 5 F.3d at 1262-63 (requirements for reconsideration).

The district court did not abuse its discretion by denying Congdon’s motion for leave to amend after concluding that amendment would be futile. See Chappel, 232 F.3d at 725-26 (“A district court acts within its discretion to deny leave to amend when amendment would be futile․”).

We do not consider arguments raised for the first time on appeal or 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.