Hodge v. Home Depot USA, Inc.

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 23, 2026
• Docket: 24-6225
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 23 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

NAJIB A. HODGE, No. 24-6225 D.C. No. 2:24-cv-02171-JJT Plaintiff - Appellant,

v. MEMORANDUM* HOME DEPOT; UNKNOWN PARTIES,

Defendants - Appellees.

Appeal from the United States District Court for the District of Arizona John Joseph Tuchi, District Judge, Presiding

Submitted March 16, 2026**

Before: SILVERMAN, NGUYEN, and HURWITZ, Circuit Judges.

Najib A. Hodge appeals pro se from the district court’s order dismissing his

action alleging race discrimination under 42 U.S.C. § 2000a. We have jurisdiction

under 28 U.S.C. § 1291. We affirm.

Because Hodge does not challenge the district court’s grounds for dismissal

* 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). of his action in his opening brief, we do not consider that decision. See Indep.

Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (explaining that

“we will not consider any claims that were not actually argued in appellant's

opening brief”); Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1993)

(explaining that issues not supported by argument in pro se appellant’s opening

brief are deemed abandoned).

We reject as unsupported by the record Hodge’s contentions that the district

judge was biased and should have recused himself.

All pending motions and requests are denied.

AFFIRMED.

2 24-6225