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Del Rosario v. Wells Fargo Bank

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 1, 2018
No. 17-56466 (9th Cir. Mar. 1, 2018)

Opinion

No. 17-56466

03-01-2018

AMOR MEDINA DEL ROSARIO; ELVIE CANLAS DEL ROSARIO, Plaintiffs-Appellants, v. WELLS FARGO BANK, N.A., as Trustee for the Merrill Lynch Mortgage Investors Trust, Series 2006-F1.; PNC MORTGAGE, INC., FKA National City Mortgage Company, Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 3:16-cv-00649-BEN-NLS MEMORANDUM Appeal from the United States District Court for the Southern District of California
Roger T. Benitez, District Judge, Presiding Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Amor Medina Del Rosario and Elvie Canlas Del Rosario appeal pro se from the district court's order denying their motion to vacate its judgment dismissing their diversity action alleging claims related to their mortgage. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm.

The district court did not did not abuse its discretion by denying appellants' motion to vacate because appellants failed to establish any basis for relief. See id. at 1263 (grounds for reconsideration under Federal Rule of Civil Procedure 60(b)).

We do not consider arguments raised for the first time on appeal or matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.


Summaries of

Del Rosario v. Wells Fargo Bank

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 1, 2018
No. 17-56466 (9th Cir. Mar. 1, 2018)
Case details for

Del Rosario v. Wells Fargo Bank

Case Details

Full title:AMOR MEDINA DEL ROSARIO; ELVIE CANLAS DEL ROSARIO, Plaintiffs-Appellants…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 1, 2018

Citations

No. 17-56466 (9th Cir. Mar. 1, 2018)