Jeremy Pinson v. Unknown Party

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 27 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEREMY VAUGHN PINSON, No. 18-17189
Petitioner-Appellant, D.C. No. 4:18-cv-00192-DCB-DTF
v.
MEMORANDUM*
UNKNOWN PARTY, named as USP
Tucson Warden,
Respondent-Appellee.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted February 19, 2019**
Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.
Federal prisoner Jeremy Vaughan Pinson appeals pro se from the district
court’s judgment dismissing her 28 U.S.C. § 2241 petition for failure to comply
with the court’s order to file an amended petition. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
*
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).
In the opening brief, Pinson fails to address how the district court abused
its discretion in dismissing her action for failure to comply with the court’s order to
file an amended petition. See Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.
2002) (dismissal for failure to comply with a district court’s order requiring
submission of pleadings within specified time is reviewed for abuse of discretion).
Accordingly, Pinson has waived her challenge to the dismissal 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.
2 18-17189