WILKERSON AKA AKA v. STAINER CDCR (2017)

MEMORANDUM*

J.R. Wilkerson, aka Adonai El-Shaddai, aka James Wilkerson (“El-Shaddai”) appeals pro se from the district court's judgment dismissing his action brought under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act, alleging constitutional and statutory violations related to the exercise of his religion. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

In his opening brief, El-Shaddai failed to challenge the district court's screening order dismissing his second amended complaint for failure to state a claim, and therefore El-Shaddai has waived any such challenge. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[A]rguments not raised by a party in its opening brief are deemed waived.”); 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 ․”).

In light of our disposition, appellees' motions to revoke El-Shaddai's in forma pauperis status (Docket Entry No. 5) and to take judicial notice (Docket Entry No. 6) are denied as moot.

AFFIRMED.