FRANKLIN v. LEWIS (2020)

United States Court of Appeals, Ninth Circuit.

Jeffrey Anthony FRANKLIN, Plaintiff-Appellant, v. G. D. LEWIS, Warden; et al., Defendants-Appellees.

No. 17-16147

Decided: February 06, 2020

Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.

Jeffrey Anthony Franklin, Pro Se Alicia Anne Bower, Deputy Attorney General, AGCA - Office of the Attorney General, Oakland, CA, Jaime Ganson, Deputy Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA, for Defendants-Appellees

MEMORANDUM **

Jeffrey Anthony Franklin, a California state prisoner, appeals pro se from the district court’s summary judgment in his action alleging federal and state law claims arising from the alleged withholding of his legal mail. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

In his opening brief, Franklin fails to challenge specifically any of the grounds for the district court’s summary judgment. Therefore, Franklin has waived any challenge to summary judgment. See Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (“[W]e review only issues which are argued specifically and distinctly in a party’s opening brief.” (citation and internal quotation marks omitted)); Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1993) (issues not supported by argument in pro se appellant’s opening brief are waived).

We do not consider Franklin’s arguments relating to his motion for reconsideration because that issue is outside the scope of this appeal.

AFFIRMED.

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