Loureece Clark v. Cdcr
Loureece Clark v. Cdcr
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 22 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
LOUREECE STONE CLARK, No. 20-15238
Petitioner-Appellant, D.C. No. 2:19-cv-02014-KJM-KJN
v. MEMORANDUM* CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO,
Respondents-Appellees.
Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding
Submitted February 17, 2021**
Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges.
California state prisoner Loureece Stone Clark appeals pro se from the
district court’s judgment dismissing his petition for a writ of mandamus under 18
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 3771 alleging that defendants ignored his petition regarding recalculation
of his sentence. We have jurisdiction under 28 U.S.C. § 1291. We affirm.
In his opening brief, Clark does not address how the district court erred by
dismissing his petition for lack of jurisdiction. Clark has therefore waived his
challenge to the district court's order. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a
party’s opening brief are 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 . . . .”).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 20-15238
Reference
- Status
- Unpublished