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17-56466•Amor Medina Del Rosario; Elvie Canlas Del Rosario v. WELLS FARGO BANK, N.A., as Trustee for the Merrill Lynch Mortgage Investors Trust,…
17-56466Court of Appeals for the Ninth CircuitMar 1, 2018
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
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.
No. 17-56466
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
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
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
* 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
MAR 1 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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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.
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