Juan R. Durruthy; Juana Durruthy v. MTC FINANCIAL, INC., DBA Trustee Corps;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN R. DURRUTHY; JUANA
DURRUTHY,
Plaintiffs-Appellants,
v.
MTC FINANCIAL, INC., DBA Trustee
Corps; et al.,
Defendants-Appellees.
No. 17-55512
D.C. No. 3:17-cv-00055-AJB-BGS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Anthony J. Battaglia, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Juan R. Durruthy and Juana Durruthy appeal pro se from the district court’s
judgment dismissing their action alleging federal claims for failure to pay the filing
fee after denying their motion to proceed in forma pauperis. We have jurisdiction
* 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
DEC 26 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-55512
under 28 U.S.C. § 1291. We affirm.
Because the Durruthys have failed to address on appeal how the district
court erred in dismissing their action, they have waived their challenge to the
district court’s dismissal for failure to pay the filing fee. 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.”).
AFFIRMED.

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