Cheryl Kelmar v. Bank of America

MEMORANDUM

Proceeding pro se, Cheryl Kelmar brought claims against the above defendants. After the defendants filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), the district court entered an order dismissing Kelmar’s case. Additionally, the district court entered an order declaring Kelmar to be a vexatious litigant pursuant to Local Rule 83-8. Kel-mar appeals both of the district court’s orders.

A dismissal for failure to state a claim pursuant to Rule 12(b)(6) is reviewed de novo. Stoner v. Santa Clara Cnty. Office of Educ., 502 F.3d 1116, 1120 (9th Cir. 2007). However, we cannot review the district court’s dismissal of Kelmar’s complaint because Kelmar did not provide a copy of her complaint to this court, as she was required to do. See Circuit Rules 30-1.1(a), 30-1.4(c)(i). Thus, Kelmar has procedurally defaulted any claimed error on this issue. See, e.g., In re Perez, 30 F.3d 1209, 1218 (9th Cir.1994) (“[FJailure to present a sufficient record can itself serve as a basis for affirmance.”). The record does not suggest that, were this defect cured, Kelmar could state any cause of action. Her claims, to the extent we can discern them, appear to be…