Talmadge Talib v. Peter Nicholas

Opinion

FILED

NOT FOR PUBLICATION

SEP 10 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TALMADGE ADIB TALIB, No. 19-56217

Plaintiff-Appellant, D.C. No.

2:14-cv-05871-JAK-DFM

v.

PETER NICHOLAS, (Alleged Deputy) In MEMORANDUM* His Individual Capacity; EDWARD GONZALVES, (Alleged Deputy) In His Individual Capacity; MOYER, (Alleged Deputy) In His Individual Capacity; ANTONIO SANCHEZ, (Alleged Deputy) In His Individual Capacity; ELIEZER VERA, (Captain-So.L.A. Sheriff’s Station) In His Individual Capacity; FRED NUNES, (Alleged Deputy) In His Individual Capacity,

Defendants-Appellees,

and

ROB VAN LINGEN; MIGUEL; JOHN GUERRERO; STEPHEN PARK; JOHN DOE SWANSON; JOHN DOE ANDERSON; JOHN DOE ROMERO; JOHN DOE HOOPER; JOHN DOE MARCHELLO; ALEX GILLINETS;

*

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

JAMES NORTH; RICH KIGUELMAN; LOS ANGELES COUNTY SHERIFF’S DEPARTMENT,

Defendants.

Appeal from the United States District Court for the Central District of California John A. Kronstadt, District Judge, Presiding

Submitted September 9, 2021**

Before: FERNANDEZ, SILVERMAN, and NGUYEN, Circuit Judges

Talmadge Talib appeals the district court’s summary judgment in favor of

the defendants in his 42 U.S.C. § 1983 action alleging constitutional violations

arising out of traffic stops. We have jurisdiction pursuant to 28 U.S.C. § 1291 and

affirm.

We decline to consider the constitutional right to travel claim raised for the

first time on appeal. Dream Palace v. Cnty. of Maricopa, 384 F.3d 990, 1005 (9th

Cir. 2004). Appellant waived in his opening brief his remaining claims and any

further challenges to the district court’s decision. See Ghahremani v. Gonzales,

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

3

498 F.3d 993, 997-98 (9th Cir. 2007) (issues not supported by argument or

discussed in the body of the opening brief are waived).

AFFIRMED.