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Diego Valencia v. John Weis, I

Court of Appeals for the Ninth Circuit · 18-56310 · 2019-08-28 · Unpublished

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
William Q. Hayes (district judge)
Outcome
affirmed — AFFIRMED.
Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 28 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DIEGO RIVERA VALENCIA, No. 18-56310 Plaintiff-Appellant, D.C. No. 3:18-cv-01261-WQH- NLS v. JOHN FOREST WEIS I, District Attorney MEMORANDUM* of the State of California, County of Imperial Valley, individual; GILBERT G. OTERO, Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Submitted August 19, 2019** Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.

Diego Rivera Valencia appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims related to his proceedings in a criminal case. We have jurisdiction under 28 U.S.C.

* 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). § 1291. We affirm.

In his opening brief, Valencia fails to address the district court’s grounds for dismissal. Therefore, Valencia has waived his challenge to the district court’s dismissal order. See 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 . . . .”).

AFFIRMED.

2 18-56310