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Jeffrey Thomas v. Albany Investment Properties
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 1 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
JEFFREY GRAY THOMAS, No. 19-56461
Appellant, D.C. No. 2:18-cv-05804-JGB
v. MEMORANDUM* ALBANY INVESTMENT PROPERTIES, LLC,
Appellee.
Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding
Submitted June 21, 2021** Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.
Jeffrey Gray Thomas appeals pro se from the district court’s order dismissing his bankruptcy appeal for failure to file required documents. We have jurisdiction under 28 U.S.C. §§ 158(d) and 1291. We review for an abuse of discretion. Fitzsimmons v. Nolden (In re Fitzsimmons), 920 F.2d 1468, 1471 (9th
* 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).
Cir. 1990). We affirm.
The district court did not abuse its discretion by dismissing Thomas’s appeal for failure to file all of the documents required by Federal Rule of Bankruptcy Procedure 8009, after providing additional time and multiple warnings that failure to do so would result in dismissal. See Fed. R. Bankr. P. 8003(a)(2) (an appellant’s failure to take steps to prosecute a bankruptcy appeal may be grounds for dismissal); Greco v. Stubenberg, 859 F.2d 1401, 1404 (9th Cir. 1988) (court must show it had sufficiently considered and exhausted alternatives to dismissal).
The district court did not abuse its discretion by denying Thomas’s motion to reopen the appeal because Thomas failed to establish grounds for such relief. See Fed. R. Bankr. P. 8022(a)(2); United States v. Fowler (In re Fowler), 394 F.3d 1208, 1214-15 (9th Cir. 2005) (setting forth standard of review).
We reject as without merit Thomas’s contention that the district court should have construed his motion to reopen as a motion for reconsideration under Federal Rule of Civil Procedure 60(b). See Fed. R. Bankr. P. 8001(a) (Part VIII rules govern procedure in a United States district court on appeal from an order of a bankruptcy court).
Because we affirm the district court’s order dismissing the appeal, we do not consider Thomas’s challenges to the bankruptcy court’s order disallowing his claims.
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.
Footnotes
[2] 19-56461
[3] 19-56461