HATHEWAY v. DEFEO (2021)

MEMORANDUM **

Alison Lorraine Hatheway appeals pro se from the district court's order dismissing her action alleging federal and state law claims arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's sua sponte dismissal under Federal Rule of Civil Procedure 12(b)(6). Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987). We affirm.

The district court properly dismissed Hatheway's action sua sponte after giving Hathaway “notice of its sua sponte intention to invoke Rule 12(b)(6) and afford[ing her] an opportunity to ․ submit a written memorandum in opposition to such motion[.]” Wong v. Bell, 642 F.2d 359, 362 (9th Cir. 1981) (citation and internal quotation marks omitted); see also Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (to avoid dismissal, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” (citation and internal quotation marks omitted)).

AFFIRMED.