Julio Mayen v. New Penn Financial, LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 27 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JULIO MAYEN, No. 19-55996

Plaintiff-Appellant, D.C. No. 3:17-cv-00050-JLS-MDD

v.

MEMORANDUM*

NEW PENN FINANCIAL, LLC, DBA

Shellpoint Mortgage Servicing,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding

Submitted February 21, 2024**

Before: FERNANDEZ, NGUYEN, and OWENS, Circuit Judges.

Julio Mayen appeals pro se from the district court’s judgment dismissing his

action alleging claims under the Fair Debt Collection Practices Act (“FDCPA”)

and state law. We have jurisdiction under 28 U.S.C. § 1291. We review for an

abuse of discretion the district court’s application of judicial estoppel. Ah Quin v.

* 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.…