In re: ESTRELLA A. KINCAID; JAMES KINCAID v. SUSAN K. SMITH, Trustee; OFFICE OF THE U.S. TRUSTEE

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: ESTRELLA A. KINCAID; JAMES
KINCAID,
Debtors.
______________________________
ESTRELLA A. KINCAID; JAMES
KINCAID,
Appellants,
v.
SUSAN K. SMITH, Trustee; OFFICE OF
THE U.S. TRUSTEE,
Appellees.
No. 15-15761
D.C. No. 2:13-cv-01032-TLN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
* 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
DEC 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-15761
Chapter 7 debtors Estrella A. Kincaid and James Kincaid appeal pro se from
the district court’s judgment dismissing their bankruptcy appeal for failure to
prosecute. We have jurisdiction under 28 U.S.C. §§ 158(d), 1291. We affirm.
In their opening brief, debtors fail to address how the district court erred in
dismissing their bankruptcy appeal. As a result, they have waived their appeal of
the dismissal 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.”); see also Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir. 1994) (“We will
not manufacture arguments for an appellant, and a bare assertion does not preserve
a claim . . . .”).
AFFIRMED.

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