Oscar Valero v. Bank of America Home Loans

MEMORANDUM

Oscar and Blanca Valero appeal pro se from the district court’s order dismissing their action alleging federal and state claims related to the foreclosure of their home. We have jurisdiction under 28 U.S.C. 1291. We review de novo a dismissal for failure to state a claim under Fed. R. Civ. P. 12(b)(6). Ove v. Gwinn, 264 F.3d 817, 821 (9th Cir. 2001). We affirm.

The district court properly dismissed the Valeros’ claims under 42 U.S.C. § 1983 because the Valeros failed to allege that the defendants acted under color of state law. See Chudacoff v. Univ. Med. Ctr. of S. Nev., 649 F.3d 1143 , 1149 (9th Cir. 2011) (“To establish § 1983 liability, a plaintiff must show both (1) deprivation of a right secured by the Constitution and laws of the United States, and (2) that the deprivation was committed by a person acting under color of state law.”).

The district court properly dismissed the- Valeros’ claims under 18 U.S.C. §§ 241 , 1341, 1343, and 1621, because there is no private civil right of action provided by those criminal statutes. See Touche Boss & Co. v. Redington, 442 U.S. 560, 575 , 99 S.Ct. 2479 , 61 L.Ed.2d 82 (1979) (holding that the “central inquiry remains…