Dean Kidder, II v. Los Angeles County

684 F. App'x 642

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 21, 2017
• Docket: 15-55595
• Status: Unpublished

Opinion

MEMORANDUM **

Dean Martin Kidder, II, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Balvage v. Ryderwood Improvement & Serv. Ass’n, Inc., 642 F.3d 765, 775 (9th Cir. 2011). We affirm.

The district court properly entered a stipulated judgment in favor of defendants because Kidder failed to raise a genuine dispute of material fact as to whether the deputy did not have reasonable suspicion to execute the traffic stop or probable cause to conduct the automobile search. See United States v. Willis, 431 F.3d 709, 714-16 (9th Cir. 2005) (no Fourth Amendment violation where officer has reasonable suspicion that a traffic violation occurred); United States v. Pinela-Hernandez, 262 F.3d 974, 977-78 (9th Cir. 2001) (police may conduct a warrant-less search of a vehicle if they have probable cause to believe that it contains contraband).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or 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.

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