IN RE: Estrella A. KINCAID; James Kincaid, Debtors. Estrella A. Kincaid; James Kincaid, Appellants, v. Susan K. Smith, Trustee; Office of the U.S. Trustee, Appellees

IN RE: Estrella A. KINCAID; James Kincaid, Debtors. Estrella A. Kincaid; James Kincaid, Appellants, v. Susan K. Smith, Trustee; Office of the U.S. Trustee, Appellees. No. 15-15761 United States Court of Appeals, Ninth Circuit. Submitted December 14, 2016 Filed December 21, 2016 Estrella A. Kincaid, Pro Se James Kincaid, Pro Se J. Russell Cunningham, Attorney, Desmond Nolan Livaich & Cunningham, Sacramento, CA, for Appellees Before: WALLACE, LEAVY, and FISHER, Circuit Judges. The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). [MAJORITY] MEMORANDUM 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) (“[0]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. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.