Timothy Levi v. Danny Strong

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 22 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TIMOTHY J. LEVI, No. 19-55619
Plaintiff-Appellant, D.C. No. 2:18-cv-06156-CBM-
RAO
v.
DANNY STRONG, an individual; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Consuelo B. Marshall, District Judge, Presiding
Submitted July 14, 2020**
Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.
Timothy J. Levi appeals pro se from the district court’s judgment dismissing
his copyright action alleging that defendants’ television show Empire infringes on
his copyright in his manuscript Unity Incorporated: The Mastermind. 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).
Levi fails to challenge the district court’s bases for dismissal, and he has
therefore 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.”); Greenwood v. FAA, 28 F.3d
971, 977 (9th Cir. 1994) (“We will not manufacture arguments for an
appellant[.]”).
We reject as unsupported by the record Levi’s contentions that another
federal court had already determined that Levi had proven his copyright claim and
that the district court prevented him from attending a hearing on his motion for a
preliminary injunction.
AFFIRMED.
2 19-55619