IN RE: SHMUEL ERDE, ET AL V. CAROLYN DYE, No. 21-56153 (9th Cir. 2022)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED DEC 15 2022 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS In re: SHMUEL ERDE, No. 21-56153 Debtor. ______________________________ D.C. No. 2:21-cv-03050-SB SHMUEL ERDE, MEMORANDUM* Appellant, v. CAROLYN A. DYE, Chapter 7 Trustee, Appellee. Appeal from the United States District Court for the Central District of California Stanley Blumenfeld, Jr., District Judge, Presiding Submitted December 8, 2022** Before: WALLACE, TALLMAN, and BYBEE, Circuit Judges. Shmuel Erde appeals pro se from the district court’s judgment affirming the bankruptcy court’s order denying Erde’s request as a vexatious litigant for * 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). permission to file a motion under Federal Rule of Civil Procedure Rule 60. We have jurisdiction under 28 U.S.C. § 158(d). We affirm. In his opening brief, Erde fails to address how the bankruptcy court erred by denying his request as a vexatious litigant for permission to file a motion to vacate a prior bankruptcy court order. As a result, Erde has waived his challenge to the bankruptcy court’s order denying permission. 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 . . . .”). All pending motions and requests are denied. AFFIRMED. 2 21-56153

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