Beaulieu v. Internal Revenue Service , 481 F. App'x 360 ( 2012 )

FILED
NOT FOR PUBLICATION SEP 21 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EMMANUEL R. BEAULIEU, No. 11-35509
Plaintiff - Appellant, D.C. No. 6:10-cv-06401-HO
v.
MEMORANDUM *
INTERNAL REVENUE SERVICE,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Oregon
Michael R. Hogan, District Judge, Presiding
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Emmanuel R. Beaulieu appeals pro se from the district court’s dismissal of
his action seeking to quiet title to real property on which the United States claimed
a lien. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
discretion the district court’s denial of a motion to strike and motion for
reconsideration. Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970, 973 (9th Cir.
2010) (motion to strike); Sch. Dist. No. 1J, Multnomah Cnty., Ore. v. ACandS, Inc.,
5 F.3d 1255, 1262 (9th Cir. 1993) (motion for reconsideration). We affirm.
The district court did not abuse its discretion by denying Beaulieu’s motion
to strike and motion for reconsideration because, contrary to Beaulieu’s argument,
no rule expressly required Larson to be an active bar member. See D. Ore. Loc. R
83-4 (“[a]ttorneys who represent the United States . . . may appear in a case
without having to comply with . . . LR 83-2”); D. Ore. Loc. R 83-2 (“[a]dmission
to general practice, and continuing membership in the bar of this court, is limited to
attorneys of good moral character who are active members in good standing with
the Oregon State Bar”). Moreover, Beaulieu failed to demonstrate any prejudice.
See Retail Clerks Union Joint Pension Trust v. Freedom Food Ctr., Inc., 938 F.2d
136, 138 (9th Cir. 1991) (affirming judgment because there was no evidence that
the representation by an individual not licensed to practice law resulted in any
prejudice).
Beaulieu’s contention concerning defendant’s citation to an unpublished
case is unpersuasive.
2 11-35509
We do not consider issues not explicitly and distinctly raised and argued in
the opening brief. See Padgett v. Wright, 587 F.3d 983, 986 n.2 (9th Cir. 2009)
(per curiam).
AFFIRMED.
3 11-35509