Richard Whitmore v. Recontrust Company, N.A.

633 F. App'x 647

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 29, 2016
• Docket: 12-35504
• Status: Unpublished

Opinion

MEMORANDUM **

Richard Whitmore appeals pro se from the district court’s judgment dismissing his diversity action alleging foreclosure-related claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6). In re Mortg. Elec. Registration Sys., Inc., 754 F.3d 772, 780 (9th Cir.2014). We affirm.

We do not consider the claims raised in Whitmore’s opening brief because they were not raised before the district court. See Solis v. Matheson, 563 F.3d 425, 437 (9th Cir.2009) (arguments made for the first time on appeal and supported by facts not before the district court are waived). Moreover, Whitmore failed to address the district court’s dismissal of the claims alleged in his complaint in his opening brief, and has therefore waived his appeal of the district court’s dismissal order. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (“[Arguments not raised by a party in its opening brief are deemed waived.”).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R, 36-3.