Foti v. McHugh
Opinion of the Court
MEMORANDUM
Plaintiffs-appellants Robert-John:Foti (“Foti”), Joseph Leonard Neufeld, and Kenneth Augustine (collectively, “Appellants”) appeal the district court’s dismissal of their constitutional claims with prejudice.
Appellants contend that the U.S. Marshals Service and Federal Protective
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. All three plaintiffs-appellants, acting pro se, submitted opening and reply briefs to this court. This court then appointed pro bono counsel. In a footnote to the replacement opening brief filed by appointed counsel, counsel states that the brief is filed on behalf of Augustine and Foti only, because counsel had been unable to obtain an engagement letter from Neufeld. Because Neufeld did sign on to the original briefs, we do not dismiss his appeal for failure to prosecute. Cf. 9th Cir. R. 42-1.
. In a footnote to their counseled opening brief citing no authority and two sentences in their counseled reply brief referring to that footnote and also citing no authority, Appellants assert that the district court should have dismissed their unexhausted claims under the Federal Tort Claims Act without prejudice rather than with prejudice. “ ‘The summary mention of an issue in a footnote, without reasoning in support of the appellant’s argument, is insufficient to raise the issue on appeal.’ ” United States v. Strong, 489 F.3d 1055, 1060 n. 4 (9th Cir. 2007) (quoting Hilao v. Estate of Marcos, 103 F.3d 767, 778 n. 4 (9th Cir. 1996)). We deem this argument to be waived.
Reference
- Full Case Name
- Robert John FOTI Joseph Leonard Neufeld Kenneth Augustine v. MCHUGH, Officer United States Marshals Service Federal Protective Service
- Cited By
- 4 cases
- Status
- Published