SEMICK v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (2018)

United States Court of Appeals, Ninth Circuit.

Toby M. SEMICK, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; et al., Defendants-Appellees.

No. 17-16090

Decided: April 17, 2018

Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

Toby M. Semick, Pro Se

MEMORANDUM **

California state prisoner Toby M. Semick appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging various federal claims. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

In his opening brief, Semick fails to address how the district court erred by dismissing his action for failing to prosecute following the district court's order to file an amended complaint. As a result, Semick has waived his challenge to the district court's order. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[O]n appeal, arguments 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․”).

Semick's motion for judicial notice (Docket Entry No. 13) is denied.

AFFIRMED.

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