FILED
NOT FOR PUBLICATION JUL 6 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ORVILLE MEAUX, No. 09-17560
Plaintiff - Appellant, D.C. No. 4:09-cv-02447-CW
v.
MEMORANDUM *
NORTHWEST AIRLINES, INC., a
Delaware corporation; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Claudia Wilken, District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Orville Meaux appeals from the district court’s judgment dismissing his
complaint against Northwest Airlines, Inc. as barred by the bankruptcy discharge
injunction issued in Northwest’s bankruptcy proceedings. We have jurisdiction
*
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).
under 28 U.S.C. § 1291, and we affirm.
Meaux does not challenge the district court’s order dismissing his complaint
against Northwest, and thus has abandoned any challenge to the dismissal. See
Cook v. Schriro, 538 F.3d 1000, 1014 n.5 (9th Cir. 2008) (issues not raised on
appeal are deemed abandoned).
We do not consider Meaux’s contention that the district court should have
treated his Railway Labor Act claim against Northwest as an amendment to the
complaint in his 2004 action against Northwest, because Meaux did not raise the
argument in the district court and consideration is not “‘necessary to prevent a
miscarriage of justice or to preserve the integrity of the judicial process.’” Alaska
v. United States, 201 F.3d 1154, 1163-64 (9th Cir. 2000) (citation omitted).
Meaux’s request for judicial notice is granted in part as to Exhibits 1, 2, and
5. The request is otherwise denied.
AFFIRMED.
2 09-17560