Bernard Mitchell v. One West Bank, Fsb

MEMORANDUM

Bernard Mitchell appeals from the district court’s order dismissing his amended complaint without leave to amend. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion the denial of leave to amend. See Allen v. City of Beverly Hills, 911 F.2d 367, 878 (9th Cir.1990). We affirm.

The district court did not abuse its discretion by dismissing Mitchell’s amended complaint without leave to amend. See Cook, Perkiss & Liehe, Inc. v. N. Cal. Collection Serv. Inc., 911 F.2d 242 , 247 (9th Cir.1990) (per curiam). The defendants moved to dismiss the federal claims with prejudice, providing Mitchell with notice that his entire complaint, including the pendant state law claims, could be dismissed without leave to amend. Leave to amend is to be freely granted, see Fed. R.Civ.P. 15(a)(2), but the district court properly determined that Mitchell could not state a claim under the Fair Debt Collection Practices Act; therefore, amendment would have been futile. Mitchell did not give the district court any indication that he intended to bring an entirely new federal claim. See Cook, 911 F.2d at 247 (district court did not abuse its discretion by denying leave to…