Dennis Kerr; Terry Kerr v. Bank of America, N.a.;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DENNIS KERR; TERRY KERR,
Plaintiffs-Appellants,
v.
BANK OF AMERICA, N.A.; et al.,
Defendants-Appellees.
No. 16-16802
D.C. No. 3:15-cv-00306-MMD-WGC
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted January 16, 2018**
Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges.
Dennis and Terry Kerr appeal pro se from the district court’s judgment
dismissing their action alleging federal and state law claims arising from
foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo a district court’s dismissal under Federal Rule of Civil Procedure
* 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).
FILED
JAN 25 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-16802
12(b)(6) for failure to state a claim. Cervantes v. Countrywide Home Loans, Inc.,
656 F.3d 1034, 1040 (9th Cir. 2011). We affirm.
The district court properly dismissed the Kerrs’ claim for violations of the
Racketeer Influenced and Corrupt Organizations Act (“RICO”) because the Kerrs
failed to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627
F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are liberally construed,
a plaintiff must allege facts sufficient to state a plausible claim); Sanford v.
MemberWorks, Inc., 625 F.3d 550, 557 (9th Cir. 2010) (setting forth elements of a
civil RICO claim).
We do not consider matters or claims 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).
We do not consider documents not presented to the district court. See
United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not
presented to the district court are not part of the record on appeal.”).
AFFIRMED.

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