Opinion
No. 12-35504
01-29-2016
RICHARD WHITMORE, Plaintiff - Appellant, v. RECONTRUST COMPANY, NA; WELLS FARGO BANK, NA, as Trustee for the Holders of the Merrill Lynch Mortgage Investor Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-WMCI, Defendants - Appellees.
NOT FOR PUBLICATION
D.C. No. 3:12-cv-00226-MO MEMORANDUM Appeal from the United States District Court for the District of Oregon
Michael W. Mosman, District Judge, Presiding Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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). Morever, 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) ("[A]rguments not raised by a party in its opening brief are deemed waived.").
AFFIRMED.