BARKER v. AMERICAN EXPRESS COMPANY (2018)

MEMORANDUM **

Kenneth Barker appeals pro se from the district court’s summary judgment in his diversity action alleging various fraud and tort claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147, 1153 (9th Cir. 2009). We affirm.

The district court properly granted summary judgment because Barker failed to raise a genuine dispute of material fact as to whether defendant had any involvement in the alleged misconduct. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (“When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.”); FTC v. Publ’g Clearing House, Inc., 104 F.3d 1168, 1171 (9th Cir. 1997) (“A conclusory, self-serving affidavit, lacking detailed facts and any supporting evidence, is insufficient to create a genuine issue of material fact.”).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

We reject as unsupported by the record Barker’s contentions that the district court resolved disputed facts or was biased against him.

AFFIRMED.