What are the factors used to determine whether a motion or motion has been successful on appeal?
MultiRegion, United States of America
The following excerpt is from Khouanmany v. Penzone, 20-16594 (9th Cir. 2021):
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).
We do not consider documents not presented to the district court. See United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).
All pending motions and requests are denied.
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