Francisco Gonzalez v. Joseph Arpaio

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 22 2019

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANCISCO J. GONZALEZ, No. 18-16801

Plaintiff-Appellant, D.C. No. 2:17-cv-04173-ROS-ESW v.

MEMORANDUM* JOSEPH M. ARPAIO, Former Maricopa County Sheriff; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding Submitted October 15, 2019**

Before: FARRIS, LEAVY, and RAWLINSON, Circuit Judges.

Former pretrial detainee Francisco J. Gonzalez appeals pro se from the district court’s August 8, 2018 and September 5, 2018 orders denying reconsideration of the district court’s order dismissing his 42 U.S.C. § 1983 action alleging constitutional violations arising out of his detention. We have jurisdiction

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. under 28 U.S.C. § 1291. We review for an abuse of discretion. Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm.

The district court did not abuse its discretion by denying Gonzalez’s motions for reconsideration because Gonzalez failed to establish any basis for such relief. See id. at 1262-63 (setting forth grounds for reconsideration under Fed. R. Civ. P. 59(e) and 60(b)); see also Maxwell v. County of San Diego, 708 F.3d 1075, 1097 (9th Cir. 2013) (“[T]here is no respondeat superior liability under § 1983.”).

We do not consider 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).

AFFIRMED.

2 18-16801