POWERS v. KEETON (2019)

MEMORANDUM **

John Jay Powers appeals pro se from the district court’s judgment dismissing his action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging a procedural due process claim. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

In his opening brief, Powers fails to address the grounds for summary judgment on his procedural due process claim. Therefore, Powers has waived his challenge to the district court’s disposition of this claim. See 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․”).

The district court did not abuse its discretion by dismissing Powers’s complaint without leave to amend because amendment would be futile. See Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review and explaining that dismissal without leave to amend is proper when amendment would be futile).

AFFIRMED.