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Stephen Johnson v. J.P. Morgan Chase Bank, N.A.
694 F. App'x 521
| 9th Cir. | 2017
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Docket

*1 Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.

Stephen H. Johnson and Paula A. Johnson appeal pro se from the district court’s order dismissing their action seeking declaratory relief under the Truth in *2 Lending Act (“TILA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Fed. R. Civ. P. 12(b)(6). Cervantes v. Countrywide Home Loans, Inc. , 656 F.3d 1034, 1040 (9th Cir. 2011). We may affirm on any ground supported by the record. Franklin v. Terr , 201 F.3d 1098, 1100 n.2 (9th Cir. 2000). We affirm.

Dismissal of the Johnsons’ action alleging a TILA claim for rescission was proper because the Johnsons did not exercise their right of rescission within three years of when they consummated the loan transaction. See 15 U.S.C. § 1635(f); Beach v. Ocwen Fed. Bank , 523 U.S. 410, 412-13, 419 (1998) (explaining that “§ 1635(f) completely extinguishes the right of rescission at the end of the 3-year period”).

AFFIRMED.

2 16-56156

[*] 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).

Case Details

Case Name: Stephen Johnson v. J.P. Morgan Chase Bank, N.A.
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jul 18, 2017
Citation: 694 F. App'x 521
Docket Number: 16-56156
Court Abbreviation: 9th Cir.
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