Denise Helen Fuleihan v. WELLS FARGO BANK, NA, DBA America’s Servicing Company;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DENISE HELEN FULEIHAN,
Plaintiff - Appellant,
v.
WELLS FARGO BANK, NA, DBA
America’s Servicing Company; et al.,
Defendants - Appellees.
No. 10-17337
D.C. No. 2:09-cv-01877-RCJ-PAL
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert C. Jones, Chief Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Denise Helen Fuleihan appeals pro se from the district court’s summary
judgment and dismissal order in her action arising out of foreclosure proceedings.
We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Doe v. Abbott
FILED
JUL 05 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-17337 2
Labs., 571 F.3d 930, 933 (9th Cir. 2009). We affirm.
Contrary to Fuleihan’s contention, the district court did not lack jurisdiction
to grant judgment in her action against defendants after she had filed for
bankruptcy. See 11 U.S.C. § 362(a)(1) (a bankruptcy petition stays an “action or
proceeding against the debtor” (emphasis added)).
The district court did not abuse its discretion in denying Fuleihan leave to
file a second amended complaint where amendment would be futile. See Gardner
v. Martino, 563 F.3d 981, 990 (9th Cir. 2009) (reviewing for an abuse of discretion
and stating that “[a] district court does not err in denying leave to amend where the
amendment would be futile”).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, nor matters raised for the first time on appeal. See Padgett v.
Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).
Fuleihan’s remaining contentions are unpersuasive.
AFFIRMED.

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