Federal Circuits, 9th Cir. (January 19, 1995)
Docket number: 93-35321
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U.S. Court of Appeals for the 9th Cir. - Myron S. Harper, Jane Harper, Plaintiffs-Appellees, v. Federal Land Bank of Spokane, a Corporation; Willamette Production Credit Association, a Corporation in Liquidation; Kenneth P. Krueger, in His Capacity as President and Chief Executive Officer of the Federal Land Bank of Spokane, Defendants-Appellants., 878 F.2d 1172 (9th Cir. 1989) Jane Harper, Plaintiffs-Appellees, v. Federal Land Bank of Spokane, a Corporation; Willamette Production Credit Association, a Corporation in Liquidation; Kenneth P. Krueger, in His Capacity as President and Chief Executive Officer of the Federal Land Bank of Spokane, Defendants-Appellants.
Before: ALARCON and BRUNETTI, Circuit Judges, and KELLEHER**, District Judge.
MEMORANDUM***Ronald D. Baker (Baker) appeals pro se the district court's dismissal of his action alleging wrongful conduct by several defendants in connection with the foreclosure on his farm. The district court dismissed Baker's action pursuant to Fed. R. Civ. P. (Rule) 12(b)(6) for failure to state a claim upon which relief can be granted. We have jurisdiction pursuant to 28 U.S.C. Sec . 1291, and affirm.I.Baker was a farmer indebted to various entities, including the Interstate Production Credit Association (IPCA), the Federal Land Bank of Spokane (FLB), the Small Business Administration, and the Federal Intermediate Bank of Spokane. In 1988, IPCA foreclosed on Baker's property in federal district court. Baker counterclaimed, alleging eighteen separate claims against the IPCA for negligence, misrepresentation, breach of fiduciary duty, and breach of implied covenant of good faith and fair dealing. On December 3, 1990, the district court entered summary judgment in favor of the defendants on both IPCA's claims and Baker's counterclaims. Interstate Prod. Credit Ass'n v. Baker, No. CV-88-109-GF (D. Mt. Dec. 3, 1990) (unpublished memorandum and order). On appeal, this court affirmed the district court's judgment. Interstate Prod. Credit Ass'n v. Baker, No. 91-35226, 1992 WL 125375 (9th Cir. June 8, 1992).On February 27, 1992, Baker filed this action, naming as defendants all parties to the original action1 and the attorney for Northwest, Kevin C. Meek (Meek). Like Baker's original counterclaims, Baker's complaint again related to events surrounding foreclosure on his farm. The district court dismissed Baker's complaint under Fed. R. Civ. P. 12(b)(6), stating that the complaint was "void of any factual allegation which, if proven true, would serve as a factual predicate for any claim for affirmative relief."II.We review dismissal under Rule 12(b)(6) de novo. Oscar v. University Students Coop. Ass'n, 965 F.2d 783, 785 (9th Cir.) (en banc), cert. denied, 113 S. Ct. 655, and cert. denied sub nom. 113 S. Ct. 656 (1992).Dismissal of Baker's complaint is appropriate if he could prove no facts in support of his claim that would entitle him to relief. Richards v. Harper, 864 F.2d 85, 88 (9th Cir. 1988). Although we afford pro se parties such as Baker great latitude when construing their claims, this liberality has limits. "We do not supply essential elements of a claim that were not initially pleaded." Id. In this case, Baker's complaint rests only on subjective charaterizations, general statements of law, and unsubstantiated legal conclusions--none of which are sufficient to state a claim. Claims one through four apparently deal with obligations owed by the Small Business Administration, Northwest, and FCB to Baker as a farm borrower. We have previously held that the Agricultural Credit Act of 1987 does not create any implied right of action. Harper v. Federal Land Bank of Spokane, 878 F.2d 1172, 1177-78 (9th Cir. 1989), cert. deniedTry vLex for FREE for 3 days
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