Arthur Lopez v. Mufg Union Bank, N.A.

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ARTHUR LOPEZ, No. 16-55491

Plaintiff-Appellant, D.C. No. 8:15-cv-01354-JLS-KES

v. MEMORANDUM* MUFG UNION BANK, N.A.; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Josephine L. Staton, District Judge, Presiding

Submitted August 9, 2017**

Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.

Arthur Lopez appeals pro se from the district court’s order dismissing his

civil rights and antitrust action arising from a business loan transaction. We have

jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a

dismissal for failure to comply with the local rules. Ghazali v. Moran, 46 F.3d 52,

* 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). 53 (9th Cir. 1995). We affirm.

The district court did not abuse its discretion in dismissing Lopez’s action

because Lopez failed to oppose defendants’ motion to dismiss. See C.D. Cal. R. 7-

12 (“The failure to file any required document . . . may be deemed consent to the

granting or denial of the motion . . . .”); Ghazali 46 F.3d at 53 (discussing factors

to guide the court’s evaluation of dismissal for failure to comply with local rules).

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.

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