NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 21 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: ESTRELLA A. KINCAID; JAMES No. 15-15761

KINCAID,

D.C. No. 2:13-cv-01032-TLN Debtors. ______________________________

MEMORANDUM*

ESTRELLA A. KINCAID; JAMES

KINCAID,

Appellants,

v.

SUSAN K. SMITH, Trustee; OFFICE OF

THE U.S. TRUSTEE,

Appellees.

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Submitted December 14, 2016**

Before: WALLACE, LEAVY, and FISHER, Circuit Judges.

* 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). Chapter 7 debtors Estrella A. Kincaid and James Kincaid appeal pro se from

the district court’s judgment dismissing their bankruptcy appeal for failure to

prosecute. We have jurisdiction under 28 U.S.C. §§ 158(d), 1291. We affirm.

In their opening brief, debtors fail to address how the district court erred in

dismissing their bankruptcy appeal. As a result, they have waived their appeal of

the dismissal order. 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.”); see also 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 . . . .”).

AFFIRMED.

2 15-15761