KOFI OBENG-AMPONSAH V. U.S. BANK NATIONAL ASSOCIATION, No. 14-56369 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION FEB 22 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT KOFI OBENG-AMPONSAH, Plaintiff-Appellant, v. U.S. COURT OF APPEALS No. 14-56369 D.C. No. 5:14-cv-00262-GHK-JC MEMORANDUM* U.S. BANK NATIONAL ASSOCIATION, Defendant-Appellee. Appeal from the United States District Court for the Central District of California George H. King, District Judge, Presiding Submitted February 14, 2017** Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges. Kofi Obeng-Amponsah appeals pro se from the district court’s judgment dismissing his diversity action alleging foreclosure related claims. We have jurisdiction under 28 U.S.C. § 1291. We affirm. * 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). Accordingly, plaintiff’s request for oral argument set forth in the opening brief is denied. In his opening brief, plaintiff fails to address how the district court erred in dismissing his action for failure to respond to defendant’s motion to dismiss. As a result, he has waived his appeal of the dismissal 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.”); see also Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir. 1994) (“We will not manufacture arguments for an appellant . . . .”). Because we affirm the district court’s dismissal for failure to respond, we do not consider plaintiff’s challenge to the district court’s interlocutory orders. See Al-Torki v. Kaempen, 78 F.3d 1381, 1386 (9th Cir. 1996). All pending motions are denied. AFFIRMED. 2 14-56369

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