Dominic Dinish; Princilla Johnson Dinish v. Elan Real Estate Group; Bryson Square Apts

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DOMINIC DINISH; PRINCILLA
JOHNSON DINISH,
Plaintiffs-Appellants,
v.
ELAN REAL ESTATE GROUP; BRYSON
SQUARE APTS,
Defendants-Appellees.
No. 16-36016
D.C. No. 2:16-cv-00565-JCC
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
John C. Coughenour, District Judge, Presiding
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Dominic Dinish and Princilla Johnson Dinish appeal pro se from the district
court’s summary judgment in their action alleging racial discrimination in violation
of the Fair Housing Act and the Seventh Amendment. We have jurisdiction under
* 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).
FILED
JUN 30 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-36016
28 U.S.C. § 1291. We affirm.
The Dinishes have failed to address in their opening brief any of the grounds
for summary judgment, and have therefore waived their challenge to the district
court’s order. 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).
We reject as without merit the Dinishes’ contentions that the district court
improperly relied on false statements made by defendants and that the Dinishes
were improperly denied the ability to proceed with their lawsuit.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009); see also
United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not
presented to the district court are not part of the record on appeal.”).
AFFIRMED.

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