Booker Wade, Jr. v. Arlene Stevens , 671 F. App'x 669 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: BOOKER THEODORE WADE, Jr., No. 14-17124
Debtor. D.C. No. 5:14-cv-03453-LHK
BOOKER THEODORE WADE, Jr., MEMORANDUM*
Petitioner-Appellant,
v.
ARLENE STEVENS,
Respondent-Appellee,
and
FRED HJELMESET; OFFICE OF THE US
TRUSTEE/SJ,
Trustees.
Appeal from the United States District Court
for the Northern District of California
Lucy H. Koh, District Judge, Presiding
Submitted December 14, 2016**
*
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
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Booker Theodore Wade, Jr., appeals pro se from the district court’s order
denying Wade’s motion to compel arbitration and emergency stay motion. We
have jurisdiction under 9 U.S.C. § 16(a)(1)(C) and 28 U.S.C. §§ 158(d), 1291. We
review de novo the denial of a motion to compel arbitration. Cox v. Ocean View
Hotel Corp., 533 F.3d 1114, 1117 (9th Cir. 2008). We review for abuse of
discretion the denial of a stay pending arbitration. Alascom, Inc. v. ITT North
Elect. Co., 727 F.2d. 1419, 1422 (9th Cir. 1984). We affirm.
The district court properly denied Wade’s motions to stay and to compel
arbitration because the motions were unrelated to the order appealed from and
presented for the first time on appeal. See Kaas Law v. Wells Fargo Bank, N.A.,
799 F.3d 1290, 1293 (9th Cir. 2015) (appellate courts will not ordinarily hear
issues raised for the first time on appeal).
Wade’s October 13, 2015 motion to disqualify counsel is denied.
AFFIRMED.
without oral argument. See Fed. R. App. P. 34(a)(2).
2 14-17124