Kerr

Kerr v. Dubowsky

Good Law
71 F. App'x 656
United States Court of Appeals for the Ninth CircuitJuly 24, 2003No. 03-15156; D.C. No. CV-02-00712-PMP(LRL)California320 words

Opinion

Lead Opinion

MEMORANDUM **

Thomas M. Kerr appeals pro se the district court’s judgment dismissing his ac *657 tion alleging that attorney Peter Dubowsky (“Dubowksy”) violated the Fair Debt Collections Practices Act, 15 U.S.C. § 1692 , while attempting to recover credit card debt Kerr owed to Citibank. We review de novo both summary judgment and dismissal for failure to state a claim. See Barnett v. Centoni, 31 F.3d 813, 815, 816 (9th Cir.1994) (per curiam). We affirm.

The district court properly dismissed Kerr’s 15 U.S.C. § 1692e claim and properly granted summary judgment on Kerr’s 15 U.S.C. § 1692g claims because he failed to file his suit within one year of Dubowsky’s alleged violations. See 15 U.S.C. § 1692k(d); see also Naas v. Stolman, 130 F.3d 892, 893 (9th Cir.1997) (holding that when the alleged violation of 15 U.S.C. § 1692 (b) is the filing of a lawsuit, the statute of limitations begins to run on the date the lawsuit is filed).

The district court properly dismissed Kerr’s 15 U.S.C. § 1692c(c) claim because Kerr’s complaint did not allege that he disputed the debt in writing or requested Dubowsky to cease communications with him. See 15 U.S.C. § 1692c(c). The district court…

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