U.S. Court of Appeals for the Ninth Circuit, 2017

J. Wilkerson v. M. Stainer

J. Wilkerson v. M. Stainer
U.S. Court of Appeals for the Ninth Circuit · Decided November 21, 2017 · Canby, Trott, Graber
704 F. App'x 689

J. Wilkerson v. M. Stainer

Opinion

MEMORANDUM **

J.R. Wilkerson, aka Adonai El-Shaddai, aka James Wilkerson (“El-Shaddai”) appeals pro se from the district court’s judgment dismissing his action brought under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act, alleging constitutional and statutory violations related to the exercise of his religion. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

In his opening brief, El-Shaddai failed to challenge the district court’s screening order dismissing his second amended complaint for failure to state a claim, and therefore El-Shaddai has waived any such challenge. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[Arguments not raised by a party in its opening brief are deemed waived.”); 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.,..”).

In light of our disposition, appellees motions to revoke El-Shaddai’s in forma pau-peris status (Docket Entry No. 5) and to take judicial notice (Docket Entry No. 6) are denied as moot.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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