WEBSTER v. TRAIL (2021)

United States Court of Appeals, Ninth Circuit.2021-09-16No. No. 20-35787

Summary · law.co

Holding. The court affirmed the district court's judgment dismissing Webster's appeal, finding that Webster waived his jurisdictional challenge by failing to address it in his opening brief.

Brent Webster appealed pro se from a district court decision that dismissed his appeal of a bankruptcy court order. The bankruptcy court had overruled Webster's objection to a proof of claim submitted by Alex Trail and Connie Trail. Webster's opening brief on appeal did not address how the district court had erred in dismissing his case for lack of jurisdiction. Because Webster failed to raise this challenge in his opening brief, he waived the argument under appellate procedure rules that require parties to present their claims at that stage.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether Webster waived his challenge to the district court's jurisdictional dismissal
Procedural requirement to raise arguments in opening brief on appeal
Standards for appellate waiver of unaddressed claims

Procedural posture

Webster appealed pro se from a district court order dismissing his appeal of a bankruptcy court ruling, but failed to address the jurisdictional basis for dismissal in his opening brief.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

MEMORANDUM **

Brent Evan Webster appeals pro se from the district courts judgment dismissing his appeal from the bankruptcy courts order overruling his objection to the proof of claim filed by Alex Trail and Connie Trail. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

In his opening brief, Webster fails to address how the district court erred by dismissing his appeal for lack of jurisdiction. As a result, Webster has waived his challenge to the district courts 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.”); 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 matters raised for the first time on appeal. See Mano-Y & M, Ltd. v. Field (In re Mortg. Store, Inc.), 773 F.3d 990, 998 (9th Cir. 2014); Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.