David R. Gelinas; Karen M. Gelinas v. U.s. Bank, as Trustee for LSF9 Master Participation Trust;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID R. GELINAS; KAREN M.
GELINAS,
Plaintiffs-Appellants,
v.
U.S. BANK, as Trustee for LSF9 Master
Participation Trust; et al.,
Defendants-Appellees.
No. 17-35292
D.C. No. 2:16-cv-01468-JLR
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
David R. Gelinas and Karen M. Gelinas appeal pro se from the district
court’s judgment dismissing for failure to file an amended complaint their action
alleging federal and state law claims arising from a pending foreclosure. We have
* 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
FEB 23 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Al-
Torki v. Kaempen, 78 F.3d 1381, 1384 (9th Cir. 1996). We affirm.
In the opening brief, plaintiffs fail to address how the district court erred in
dismissing their action for failure to prosecute. As a result, plaintiffs have waived
their challenge to the district court’s order. 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 review only issues which are argued specifically and distinctly in a party’s
opening brief.”).
AFFIRMED.

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