Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the Western District of Washington. D.C. No. 2:09-cv-00052-TSZ. Thomas S. Zilly, District Judge, Presiding.
LINDSAY JENKINS, Plaintiff - Appellant, Pro se, Forest Hills, NY.
For JPMORGAN CHASE BANK, doing business as Washington Mutual, Defendant - Appellee: Ann T. Marshall, Attorney, Rebecca R. Shrader, Attorney, Bishop, White, Marshall & Weibel, P.S., Seattle, WA.
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Lindsay Jenkins appeals pro se from the district court's judgment dismissing her diversity action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005), and we affirm.
The district court properly dismissed Jenkins' action because, under the Purchase and Assumption Agreement between JP Morgan Chase Bank (" Chase" ) and the Federal Deposit Insurance Corporation (" FDIC" ), Chase did not assume any liability associated with borrower claims against Washington Mutual. See 12 U.S.C. § 1821(d)(2)(G)(i)(II) (authorizing FDIC to transfer " any asset or liability" of the failed bank); see also W. Park Assocs. v. Butterfield Sav. & Loan Ass'n, 60 F.3d 1452, 1458 (9th Cir. 1995) (recognizing FDIC's authority to limit liabilities assumed by a purchasing bank through a Purchase and Assumption Agreement).
We do not consider Jenkins' allegations regarding Chase's alleged misconduct after it acquired Washington Mutual's assets because Jenkins failed to raise them properly in the district court. See Palmer v. IRS, 116 F.3d 1309, 1312-13 (9th Cir. 1997).
Jenkins' request for judicial notice is denied.
AFFIRMED.