FILED
NOT FOR PUBLICATION
DEC 14 2015
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-56800
Plaintiff - Appellee, D.C. No. 2:12-cv-01118-MMM-
RZ
v.
MEMORANDUM*
A REAL PROPERTY LOCATED IN LOS
ANGELES,
Defendant,
VYACHESLAV ASTAKHOV,
Appellant.
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Submitted December 10, 2015**
Pasadena, California
* 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).
Before: GOULD and BERZON, Circuit Judges, and ZOUHARY,*** District
Judge.
Vyacheslav Astakhov appeals the district court’s orders entering default and
default judgment, forfeiting to the United States real estate that was the proceeds of
bankruptcy fraud. We have jurisdiction under 28 U.S.C. § 1291 and affirm.
1. The court properly granted the Government’s application for default
before granting default judgment. In making each decision, the court considered
Astakhov’s relevant briefs.
2. Because his Opening Brief effectively ignores the district court’s finding
that Astakhov’s culpable conduct led to the default, Astakhov waived any challenge
to the finding. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999). In any
event, the culpable-conduct finding is not clearly erroneous. See Alan Neuman
Prods., Inc. v. Albright, 862 F.2d 1388, 1391 (9th Cir. 1988). The court did not abuse
its discretion in denying relief from default or default judgment on that ground alone.
See United States v. Signed Pers. Check No. 730 of Yubran S. Mesle, 615 F.3d 1085,
1091 (9th Cir. 2010).
*** The Honorable Jack Zouhary, United States District Judge for the Northern District
of Ohio, sitting by designation.
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3. The Request for Judicial Notice is denied as moot.
AFFIRMED.
3