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Estrella Kincaid v. Susan Smith
15-15761
| 9th Cir. | Dec 21, 2016
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Docket

*1 Before: WALLACE, LEAVY, and FISHER, Circuit Judges.

*2 Chapter 7 debtors Estrella A. Kincaid and James Kincaid appeal pro se from the district court’s judgment dismissing their bankruptcy appeal for failure to prosecute. We have jurisdiction under 28 U.S.C. §§ 158(d), 1291. We affirm.

In their opening brief, debtors fail to address how the district court erred in dismissing their bankruptcy appeal. As a result, they have waived their appeal of the dismissal order. See Smith v. Marsh , 194 F.3d 1045, 1052 (9th Cir. 1999) (“[O]n appeal, arguments not raised by a party in its opening brief are deemed waived.”); see also Greenwood v. FAA , 28 F.3d 971, 977 (9th Cir. 1994) (“We will not manufacture arguments for an appellant, and a bare assertion does not preserve a claim . . . .”).

AFFIRMED.

2 15-15761

[*] 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: Estrella Kincaid v. Susan Smith
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Dec 21, 2016
Docket Number: 15-15761
Court Abbreviation: 9th Cir.
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