Kathleen Lyons v. Wilmington Trust Company

MEMORANDUM

Kathleen J. Lyons appeals pro se from the district court’s judgment dismissing her action alleging violations of the Fair Debt Collection Practices Act (“FDCPA”) and California law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim, Cervantes v. Countrywide Home Loans Inc., 656 F.3d 1034, 1040 (9th Cir.2011), and we affirm.

The district court properly dismissed Lyons’s action because Lyons failed to allege facts sufficient to state any cognizable claims for relief. See id. at 1040^11 (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[;][a] complaint that alleges only labels and conclusions or a formulaic recitation of the elements of the cause of action will not survive dismissal” (citations and internal quotation marks omitted)).

The district court did not abuse its discretion by dismissing Lyons’s second amended complaint without leave to amend after providing Lyons with an opportunity to amend and concluding that further amendment would be futile. See id. at 1041 (setting forth standard of review…