EMERY SOOS, Sr. v. United States of America

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EMERY SOOS, Sr.,
Plaintiff-Appellant,
v.
UNITED STATES OF AMERICA,
Defendant-Appellee.
No. 15-56663
D.C. No. 2:14-cv-09027-GW-AGR
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
George H. Wu, District Judge, Presiding
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Emery Soos, Sr., appeals pro se from the district court’s judgment
dismissing his action for lack of subject matter jurisdiction. We have jurisdiction
under 28 U.S.C. § 1291. We affirm.
In his opening brief, Soos fails to challenge the district court’s decision
* 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).
FILED
AUG 16 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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dismissing his action for lack of subject matter jurisdiction and therefore he has
waived such a challenge. 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 . . . .”).
AFFIRMED.

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