HENRY LAGMAY v. SHELLEY NOBRIGA (2016)

MEMORANDUM*

Henry Lagmay, a Hawaii state prisoner, appeals pro se the district court's judgment dismissing for failure to state a claim his 42 U.S.C. §§ 1983 and 1985 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)), and we affirm.

Lagmay failed to address in his opening brief the district court's dismissal of his action, and has therefore waived his appeal of the district court's order. See Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (“[W]e will not consider any claims that were not actually argued in appellant's opening brief.”).

We reject as meritless Lagmay's contention that the district court had jurisdiction to consider his second and third post-judgment motions. See Natural Res. Def. Council, Inc. v. Sw. Marine Inc., 242 F.3d 1163, 1166 (9th Cir. 2001) (“Once a notice of appeal is filed, the district court is divested of jurisdiction over the matters being appealed.”).

We do not consider 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.