John Stokes v. Robert Drummond ( 2018 )


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  •                                  NOT FOR PUBLICATION                       FILED
    UNITED STATES COURT OF APPEALS                     APR 16 2018
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    In re: JOHN PATRICK STOKES,                        No. 17-60077
    Debtor.                         BAP No. 17-1085
    ------------------------------
    MEMORANDUM*
    JOHN PATRICK STOKES,
    Appellant,
    v.
    ROBERT G. DRUMMOND, Chapter 13
    Trustee,
    Appellee.
    Appeal from the Ninth Circuit
    Bankruptcy Appellate Panel
    Kurtz, Faris, and Brand, Bankruptcy Judges, Presiding
    Submitted April 11, 2018**
    Before:        SILVERMAN, PAEZ, and OWENS, Circuit Judges.
    John Patrick Stokes appeals pro se from the Bankruptcy Appellate Panel’s
    *
    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).
    judgment affirming the bankruptcy court’s order denying reconsideration of its
    order denying Stokes’s motion to vacate the dismissal of his bankruptcy case. We
    have jurisdiction under 28 U.S.C. § 158(d). We affirm.
    In his opening brief, Stokes fails to address how the bankruptcy court erred
    by denying his motion for reconsideration. As a result, Stokes has waived his
    challenge to the bankruptcy court’s order denying reconsideration. 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.”); 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 . . . .”).
    We do not consider arguments incorporated by reference into the briefs. See
    Indep. Towers of Wash. v. Washington, 
    350 F.3d 925
    , 929 (9th Cir. 2003) (this
    court reviews only issues argued specifically in a party’s opening brief).
    Stokes’s request for oral argument (Docket Entry No. 9) is denied.
    AFFIRMED.
    2                                 17-60077