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Stokes v. Drummond (In re Stokes)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 16, 2018
No. 17-60077 (9th Cir. Apr. 16, 2018)

Opinion

No. 17-60077 BAP No. 17-1085

04-16-2018

In re: JOHN PATRICK STOKES, Debtor. JOHN PATRICK STOKES, Appellant, v. ROBERT G. DRUMMOND, Chapter 13 Trustee, Appellee.


NOT FOR PUBLICATION

MEMORANDUM Appeal from the Ninth Circuit Bankruptcy Appellate Panel
Kurtz, Faris, and Brand, Bankruptcy Judges, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

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

John Patrick Stokes appeals pro se from the Bankruptcy Appellate Panel's judgment affirming the bankruptcy court's order denying reconsideration of its order denying Stokes's motion to vacate the dismissal of his bankruptcy case. We have jurisdiction under 28 U.S.C. § 158(d). We affirm.

In his opening brief, Stokes fails to address how the bankruptcy court erred by denying his motion for reconsideration. As a result, Stokes has waived his challenge to the bankruptcy court's order denying reconsideration. 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."); 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 . . . .").

We do not consider arguments incorporated by reference into the briefs. See Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (this court reviews only issues argued specifically in a party's opening brief).

Stokes's request for oral argument (Docket Entry No. 9) is denied.

AFFIRMED.


Summaries of

Stokes v. Drummond (In re Stokes)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 16, 2018
No. 17-60077 (9th Cir. Apr. 16, 2018)
Case details for

Stokes v. Drummond (In re Stokes)

Case Details

Full title:In re: JOHN PATRICK STOKES, Debtor. JOHN PATRICK STOKES, Appellant, v…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 16, 2018

Citations

No. 17-60077 (9th Cir. Apr. 16, 2018)