In re: JOHN PATRICK STOKES v. ROBERT G. DRUMMOND, Chapter 13 Trustee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: JOHN PATRICK STOKES,
Debtor.
------------------------------
JOHN PATRICK STOKES,
Appellant,
v.
ROBERT G. DRUMMOND, Chapter 13
Trustee,
Appellee.
No. 17-60077
BAP No. 17-1085
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kurtz, Faris, and Brand, Bankruptcy Judges, Presiding
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
John Patrick Stokes appeals pro se from the Bankruptcy Appellate Panel’s
* 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
APR 16 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-60077
judgment affirming the bankruptcy court’s order denying reconsideration of its
order denying Stokes’s motion to vacate the dismissal of his bankruptcy case. We
have jurisdiction under 28 U.S.C. § 158(d). We affirm.
In his opening brief, Stokes fails to address how the bankruptcy court erred
by denying his motion for reconsideration. As a result, Stokes has waived his
challenge to the bankruptcy court’s order denying reconsideration. 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 . . . .”).
We do not consider arguments incorporated by reference into the briefs. See
Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (this
court reviews only issues argued specifically in a party’s opening brief).
Stokes’s request for oral argument (Docket Entry No. 9) is denied.
AFFIRMED.

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