Peter Szanto v. Marina Market Place 2, LLC

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
PETER SZANTO, No. 15-15181
Plaintiff-Appellant, D.C. No. 3:11-cv-00394-RCJ-VPC
v.
MEMORANDUM*
MARINA MARKET PLACE 2, LLC; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding
Submitted November 15, 2017**
Before: CANBY, TROTT, and GRABER, Circuit Judges.
Peter Szanto appeals pro se from the district court’s judgment dismissing his
diversity action alleging state law claims related to a family trust. We have
jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion a district
court’s order dismissing an action under its inherent authority. Chambers v.
*
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).
NASCO, Inc., 501 U.S. 32, 55 (1991). We affirm.
The district court did not abuse its discretion by dismissing Szanto’s action
after finding that Szanto failed to effect timely service on defendants and that he
misrepresented facts to the court on two separate occasions indicating otherwise.
See id. at 44.
We reject as unsupported by the record Szanto’s contentions concerning bias
of the district judge.
We do not consider arguments raised for the first time on appeal or matters
not specifically and distinctly raised and argued in the opening brief. See Padgett
v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions are denied.
AFFIRMED.
2 15-15181