Hezekiah Esau Baker v. Weststar Credit Union

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HEZEKIAH ESAU BAKER,
Plaintiff-Appellant,
v.
WESTSTAR CREDIT UNION,
Defendant-Appellee.
No. 22-16354
D.C. No. 2:21-cv-02128-CDS-BNW
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Cristina D. Silva, District Judge, Presiding
Submitted July 18, 2023**
Before: SCHROEDER, RAWLINSON, and BADE, Circuit Judges.
Hezekiah Esau Baker appeals pro se from the district court’s order granting
WestStar Credit Union’s motion to compel arbitration and dismissing his action.
We have jurisdiction under 28 U.S.C. § 1291. We review de novo an order
compelling arbitration. SEIU Loc. 121RN v. Los Robles Reg’l Med. Ctr., 976 F.3d
* 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
JUL 24 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-16354
849, 852 (9th Cir. 2020). We affirm.
The district court properly granted WestStar’s motion to compel arbitration
because the parties entered into a valid arbitration agreement encompassing the
dispute at issue. See Kilgore v. KeyBank, Nat’l Ass’n, 718 F.3d 1052, 1058 (9th
Cir. 2013) (Federal Arbitration Act requires that district courts refer cases to
arbitration where a valid arbitration agreement covers the dispute at issue). We
reject as unsupported by the record Baker’s contention that WestStar did not
provide adequate evidence that it mailed him the arbitration agreement.
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).
All pending motions are denied.
AFFIRMED.

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