Barry Patterson v. B. Ulibari

639 F. App'x 439

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 20, 2016
• Docket: 15-15131
• Status: Unpublished

Opinion

MEMORANDUM **

Barry Northcross Patterson appeals pro se from the district court’s summary judgment and dismissal order .in his 42 U.S.C. § 1983 action alleging violations of his First Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Doe v. Abbott Labs., 571 F.3d 930, 933 (9th Cir.2009) (summary judgment); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court dismissed Patterson’s First Amendment access-to-courts and mail-related claims for failure to state a claim. The court then granted defendants’ motion for summary judgment on Patterson’s remaining First Amendment free exercise claim because Patterson failed to exhaust his administrative remedies. In his opening brief, Patterson fails to address how the district court erred in either order.' As a result, Patterson has waived his appeal of the dismissal and summary judgment orders. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (“[0]n appeal, arguments not raised by a party in its opening brief are deemed waived.”); see also 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 reject as unsupported by the record Patterson’s contention that the district court was biased.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provid-, ed by 9th Cir. R. 36-3.