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708 F. App'x 392
9th Cir.
2017

*1 Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

Juan R. Durruthy and Juana Durruthy appeal pro se from the district court’s judgment dismissing their action alleging federal claims for failure to pay the filing fee after denying their motion to proceed in forma pauperis. We have jurisdiction *2 under 28 U.S.C. § 1291. We affirm.

Because the Durruthys have failed to address on appeal how the district court erred in dismissing their action, they have waived their challenge to the district court’s dismissal for failure to pay the filing fee. 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.”).

AFFIRMED.

2 17-55512

Notes

[*] 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: Juan Durruthy v. Mtc Financial, Inc.
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Dec 26, 2017
Citations: 708 F. App'x 392; 17-55512
Docket Number: 17-55512
Court Abbreviation: 9th Cir.
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    Juan Durruthy v. Mtc Financial, Inc., 708 F. App'x 392