NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 4 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN PAUL WOODRUFF, AKA Wanag No. 22-16476 Tahatan-Bey, as Grantor for Kevin Woodruff Estate Tanya Stutson Estate, D.C. No. 3:22-cv-03124-WHO

Plaintiff-Appellant,

MEMORANDUM*

v.

MASON MCDUFFIE MORTGAGE

CORPORATION; CITIGROUP GLOBAL

MARKETS, INC.; US BANK, N.A., as Trustee for Securitized Trust Ginnie Mae Guaranteed Remic Trust 2017-134 Trust;

TEXAS CAPITAL BANK, NA;

MORTGAGE ELECTRONIC

REGISTRATION SYSTEMS, INC.;

NATIONSTAR MORTGAGE, LLC;

SECRETARY OF VETRANS AFFAIRS AS

U.S. OFFICERS,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding

Submitted July 18, 2023**

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: SCHROEDER, RAWLINSON, and BADE, Circuit Judges.

Kevin Paul Woodruff appeals pro se from the district court’s judgment

dismissing his action relating to the foreclosure of his home. We have jurisdiction

under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of

Civil Procedure 12(b)(6). Puri v. Khalsa, 844 F.3d 1152, 1157 (9th Cir. 2017).

We affirm.

The district court properly dismissed Woodruff’s action because Woodruff

failed to allege facts sufficient to state a plausible claim. See Ashcroft v. Iqbal, 556

U.S. 662, 678 (2009) (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” (citation and internal quotation marks omitted)); Sprewell v. Golden State

Warriors, 266 F.3d 979, 988 (9th Cir. 2001) (courts are not required to accept as

true allegations that “contradict matters properly subject to judicial notice or

exhibit” or allegations that are “merely conclusory, unwarranted deductions of fact,

or unreasonable inferences”).

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

All pending requests are denied.

AFFIRMED.

2 22-16476