Opinion
21-16211
09-27-2022
PRISCILLA McMANUS, Plaintiff-Appellant, v. NBS DEFAULT SERVICES, LLC; BANK OF AMERICA, N.A.; NATIONSTAR MORTGAGE, LLC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendants-Appellees.
NOT FOR PUBLICATION
Submitted September 14, 2022
Appeal from the United States District Court for the Eastern District of California D.C. No. 2:18-cv-02047-JAM-AC John A. Mendez, District Judge, Presiding
Before: O'SCANNLAIN, RAWLINSON, and OWENS, Circuit Judges.
MEMORANDUM [*]
Priscilla McManus appeals pro se from the district court's summary judgment in her diversity action alleging wrongful foreclosure. We have jurisdiction under 28 U.S.C. § 1291. We affirm.
In her opening brief, McManus fails to address the district court's summary judgment on her wrongful foreclosure claims, and she has therefore waived her challenge to the district court's orders on these claims. See Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) ("[W]e will not consider any claims that were not actually argued in appellant's opening brief."); Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1993) (issues not supported by argument in pro se appellant's opening brief are waived).
The district court did not abuse its discretion in denying McManus's motion for an order to show cause why defendants failed to respond to her settlement offer. See Kelly v. Wengler, 822 F.3d 1085, 1094 (9th Cir. 2016) (setting forth standard of review).
Contrary to McManus's contentions, there was no basis for the district court to enter default against defendants.
AFFIRMED.
[*] 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).