Elisabeth Detelder-Collins v. Wachovia Mortgage, Fsb , 457 F. App'x 685 ( 2011 )

FILED
NOT FOR PUBLICATION NOV 03 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ELISABETH J. DE TELDER-COLLINS; No. 10-55498
JOHN COLLINS,
D.C. No. 5:09-cv-01574-JLQ-DTB
Plaintiffs - Appellants,
v. MEMORANDUM *
WACHOVIA MORTGAGE, FSB, FKA
World Savings Bank; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Justin L. Quackenbush, District Judge, Presiding
Submitted October 25, 2011 **
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Elisabeth J. De Telder-Collins and John Collins appeal pro se from the
district court’s judgment dismissing their action arising out of foreclosure
proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
King v. California, 784 F.2d 910, 912 (9th Cir. 1986). We affirm in part and
dismiss in part.
Appellants’ contentions, including those concerning Wachovia’s standing to
proceed with foreclosure, are unpersuasive.
We lack jurisdiction to review the district court’s order denying appellants’
motion to reconsider because appellants failed to separately appeal that order. See
TAAG Linhas Aereas de Angola v. Transamerica Airlines, Inc., 915 F.2d 1351,
1354 (9th Cir. 1990).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, nor arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam);
Alaska v. United States, 201 F.3d 1154, 1163-1164 (9th Cir. 2000) (“Where a party
does not ask the district court for leave to amend, ‘the request [on appeal] to
remand with instructions to permit amendment comes too late.’” (citation
omitted)).
AFFIRMED in part and DISMISSED in part.
2 10-55498