Arthur Lopez v. Mufg Union Bank, N.a.;

16-55491Court of Appeals for the Ninth CircuitAug 17, 2017

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARTHUR LOPEZ,
Plaintiff-Appellant,
v.
MUFG UNION BANK, N.A.; et al.,
Defendants-Appellees.
No. 16-55491
D.C. No. 8:15-cv-01354-JLS-KES
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Josephine L. Staton, District Judge, Presiding
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Arthur Lopez appeals pro se from the district court’s order dismissing his
civil rights and antitrust action arising from a business loan transaction. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a
dismissal for failure to comply with the local rules. Ghazali v. Moran, 46 F.3d 52,
* 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 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-55491
53 (9th Cir. 1995). We affirm.
The district court did not abuse its discretion in dismissing Lopez’s action
because Lopez failed to oppose defendants’ motion to dismiss. See C.D. Cal. R. 7-
12 (“The failure to file any required document . . . may be deemed consent to the
granting or denial of the motion . . . .”); Ghazali 46 F.3d at 53 (discussing factors
to guide the court’s evaluation of dismissal for failure to comply with local rules).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

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