FILED
NOT FOR PUBLICATION JAN 29 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICHARD WHITMORE, No. 12-35504
Plaintiff - Appellant, D.C. No. 3:12-cv-00226-MO
v.
MEMORANDUM*
RECONTRUST COMPANY, NA;
WELLS FARGO BANK, NA, as Trustee
for the Holders of the Merrill Lynch
Mortgage Investor Trust, Mortgage Loan
Asset-Backed Certificates, Series 2006-
WMCI,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Richard Whitmore appeals pro se from the district court’s judgment
*
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).
dismissing his diversity action alleging foreclosure-related claims. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal
Rule of Civil Procedure 12(b)(6). In re Mortg. Elec. Registration Sys., Inc., 754
F.3d 772, 780 (9th Cir. 2014). We affirm.
We do not consider the claims raised in Whitmore’s opening brief because
they were not raised before the district court. See Solis v. Matheson, 563 F.3d 425,
437 (9th Cir. 2009) (arguments made for the first time on appeal and supported by
facts not before the district court are waived). Morever, Whitmore failed to
address the district court’s dismissal of the claims alleged in his complaint in his
opening brief, and has therefore waived his appeal of the district court’s dismissal
order. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[A]rguments not
raised by a party in its opening brief are deemed waived.”).
AFFIRMED.
2 12-35504