In re: SHMUEL ERDE v. CAROLYN A. DYE, Chapter 7 Trustee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: SHMUEL ERDE,
Debtor.
______________________________
SHMUEL ERDE,
Appellant,
v.
CAROLYN A. DYE, Chapter 7 Trustee,
Appellee.
No. 21-56153
D.C. No. 2:21-cv-03050-SB
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Stanley Blumenfeld, Jr., District Judge, Presiding
Submitted December 8, 2022**
Before: WALLACE, TALLMAN, and BYBEE, Circuit Judges.
Shmuel Erde appeals pro se from the district court’s judgment affirming the
bankruptcy court’s order denying Erde’s request as a vexatious litigant for
* 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 15 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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permission to file a motion under Federal Rule of Civil Procedure Rule 60. We
have jurisdiction under 28 U.S.C. § 158(d). We affirm.
In his opening brief, Erde fails to address how the bankruptcy court erred by
denying his request as a vexatious litigant for permission to file a motion to vacate
a prior bankruptcy court order. As a result, Erde has waived his challenge to the
bankruptcy court’s order denying permission. 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 . . . .”).
All pending motions and requests are denied.
AFFIRMED.

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