Robert Garvin Moore; Teresa Jean Moore v. Flagstar Bank, Fsb

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT GARVIN MOORE; TERESA
JEAN MOORE,
Plaintiffs-Appellants,
v.
FLAGSTAR BANK, FSB; WRIGHT
FINLAY & ZAK, LLP; JOSEPH
MCCORMICK III; TOM B. PIERCE; LISA
ARMENIO REIS; PAUL KIM REIS;
KELLER WILLIAMS PREMIER
PARTNERS; PAMELA MCANALLY;
JEFFREY MERRITT WILSON,
Defendants-Appellees.
No. 22-35042
D.C. No. 3:21-cv-05529-RJB
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Robert J. Bryan, District Judge, Presiding
Submitted April 17, 2023**
Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges.
Robert Gavin Moore and Teresa Jean Moore appeal pro se from the district
* 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
APR 26 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-35042
court’s judgment affirming the bankruptcy court’s order granting summary
judgment in their adversary proceeding. We have jurisdiction under 28 U.S.C.
§ 158(d). “We review decisions of the bankruptcy court independently without
deference to the district court’s determinations.” Leichty v. Neary (In re Strand),
375 F.3d 854, 857 (9th Cir. 2004). We affirm.
The bankruptcy court properly granted summary judgment on plaintiffs’
claims for alleged violation of the automatic stay for the reasons set forth in its
orders. See 11 U.S.C. § 362(c)(3)(A); see also Eden Place, LLC v. Sholem Perl (In
re Perl), 811 F.3d 1120, 1128 (9th Cir. 2019) (“[W]hether [debtor] had actual
possession of the property when he filed for bankruptcy has no bearing on whether
he had a cognizable possessory interest in the property.”).
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).
AFFIRMED.

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