Glenn W. Bever; Karen L. Bever v. Quality Loan Service Corporation; Citimortgage Inc.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GLENN W. BEVER; KAREN L. BEVER,
Plaintiffs-Appellants,
v.
QUALITY LOAN SERVICE
CORPORATION; CITIMORTGAGE INC.,
Defendants-Appellees.
No. 16-15797
D.C. No. 1:16-cv-00079-AWI-SKO
MEMORANDUM*
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).
FILED
DEC 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-15797
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.

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