FOSTER v. BACA (2018)

United States Court of Appeals, Ninth Circuit.

Melvyn K. FOSTER, Plaintiff-Appellant, v. Leroy BACA, Sheriff; et al., Defendants-Appellees.

No. 17-56550

Decided: June 20, 2018

Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.

Melvyn K. Foster, Pro Se Alexandra Zuiderweg, Los Angeles County Counsel, Los Angeles, CA, Amber A. Logan, Attorney, Rina Michelle Mathevosian, Esquire, Nelson & Fulton, Los Angeles, CA, for Defendants-Appellees

MEMORANDUM **

California state prisoner Melvyn K. Foster appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging federal and state law claims arising during his pretrial detention. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

In his opening brief, Foster fails to address how the district court erred by dismissing his action for failure to exhaust administrative remedies and declining to exercise supplemental jurisdiction over the state law claims. As a result, Foster 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.”).

AFFIRMED.

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