FOURSTAR v. HURWITZ BOP (2020)

MEMORANDUM **

Victor Charles Fourstar, Jr., a former federal prisoner, appeals pro se from the district court’s judgment denying his request to proceed in forma pauperis and dismissing his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), for failure to pay the filing fee. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

In his opening brief, Fourstar fails to raise, and has therefore waived, any challenge to the district court’s determinations that he: 1) had three prior qualifying ‘strikes’ under § 1915(g) of the Prison Litigation Reform Act; and 2) failed to allege he was under imminent danger of serious physical injury at the time the complaint was lodged. See Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (“[W]e will not consider any claims that were not actually argued in appellant’s opening brief.”); Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1992) (issues not supported by argument in pro se appellant’s opening brief are waived); see also 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[.]”).

All pending motions are denied.

AFFIRMED.