Dimitritza Toromanova v. Summit Real Estate Services, LLC;

19-15312Court of Appeals for the Ninth CircuitNov 25, 2019

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DIMITRITZA TOROMANOVA,
Plaintiff-Appellant,
v.
SUMMIT REAL ESTATE SERVICES,
LLC; et al.,
Defendants-Appellees,
and
MTC FINANCIAL, INC.; et al.,
Defendants.
No. 19-15312
D.C. No. 2:17-cv-01747-KJD-
CWH
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted November 18, 2019**
Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
Dimitritza Toromanova appeals pro se from the district court’s order
* 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
NOV 25 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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denying her motion for relief from judgment under Federal Rule of Civil Procedure
60(b). We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
discretion, Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255,
1262 (9th Cir. 1993), and we affirm.
The district court did not abuse its discretion by denying Toromanova’s
motion for relief from judgment because Toromanova failed to demonstrate any
basis for such relief. See id. at 1263 (setting forth grounds for relief under Rule
60(b)).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Toromanova’s emergency motion “to void relief from stay order” and
seeking to enjoin foreclosure proceedings pending appeal is denied. See Winter v.
Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); see also 28 U.S.C. § 158
(bankruptcy court orders may be appealed to the district court or bankruptcy
appellate panel).
Toromanova’s requests for judicial notice of the case record, set forth in her
opening and reply briefs, are denied as unnecessary. See Fed. R. App. P. 10(a)
(composition of the record on appeal).
AFFIRMED.

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