Elissa Gillespie, wife; SEAN T. GILLESPIE, husband v. Dan Wise, aka Danny Wise; CYNTHIA WISE;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELISSA GILLESPIE, wife; SEAN T.
GILLESPIE, husband,
Plaintiffs-Appellees,
v.
DAN WISE, aka Danny Wise; CYNTHIA
WISE; et al.,
Defendants-Appellants.
No. 08-17144
D.C. No. 2:08-cv-01253-SRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Cynthia Wise appeals pro se from the district court’s default judgment in
appellees’ action alleging civil liability for violations of the Racketeer Influenced
and Corrupt Organizations Act. We have jurisdiction under 28 U.S.C. § 1291. We
* 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 22 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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review for an abuse of discretion the district court’s order granting a motion for
default judgment. NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606, 616 (9th Cir.
2016). We affirm.
The district court did not abuse its discretion in granting appellees’ motion
for default judgment because Wise failed to answer the complaint or otherwise
appear, despite proof that she was personally served with the summons and
complaint. See id. (discussing factors to determine whether to enter default
judgment).
We do not consider Wise’s arguments, presented for the first time on appeal,
challenging the basis for the district court’s default judgment. See Smith v. Marsh,
194 F.3d 1045, 1052 (9th Cir. 1999).
By separate order, this appeal has been dismissed as to appellant Dan Wise.
All pending motions are denied as moot.
AFFIRMED.

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