Jeffrey Franklin v. Lewis

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 6 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEFFREY ANTHONY FRANKLIN, No. 17-16147
Plaintiff-Appellant, D.C. No. 4:13-cv-03777-YGR
v.
MEMORANDUM*
G. D. LEWIS, Warden; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Yvonne Gonzalez Rogers, District Judge, Presiding
Submitted February 4, 2020**
Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.
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.
*
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 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.
2 17-16147