Gerald Wilson v. W. Montgomerey , 693 F. App'x 718 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERALD J. WILSON, No. 16-56319
Plaintiff-Appellant, D.C. No. 3:14-cv-01383-JAH-NLS
v.
MEMORANDUM*
W. L. MONTGOMEREY, Warden; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted July 11, 2017**
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Gerald J. Wilson, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate
indifference to his serious medical needs. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo the district court’s dismissal under Federal Rule of
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Civil Procedure 12(b)(6). Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We
affirm.
In his opening brief, Wilson failed to challenge any of the district court’s
grounds for dismissal of the operative complaint, and therefore Wilson waived any
such challenge. 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.”); Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999)
(“[A]rguments not raised by a party in its opening brief are deemed waived.”).
We reject as without merit Wilson’s contentions regarding his alleged failure
to receive the magistrate’s report and recommendation.
Wilson’s request for appointment of counsel and request for sanctions, set
forth in his opening and reply briefs, are denied. Wilson’s request for in forma
pauperis status, set forth in his reply brief, is denied as unnecessary.
AFFIRMED.
2 16-56319