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J. Wilkerson v. M. Stainer
704 F. App'x 689
| 9th Cir. | 2017
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Docket

*1 Before: CANBY, TROTT, and GRABER, Circuit Judges.

J.R. Wilkerson, aka Adonai El-Shaddai, aka James Wilkerson (“El- Shaddai”) appeals pro se from the district court’s judgment dismissing his action brought under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized *2 Persons Act, alleging constitutional and statutory violations related to the exercise of his religion. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

In his opening brief, El-Shaddai failed to challenge the district court’s screening order dismissing his second amended complaint for failure to state a claim, and therefore El-Shaddai has waived any such challenge. See 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.”); 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 . . . .”).

In light of our disposition, appellees’ motions to revoke El-Shaddai’s in forma pauperis status (Docket Entry No. 5) and to take judicial notice (Docket Entry No. 6) are denied as moot.

AFFIRMED.

2 17-55287

[*] 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).

Case Details

Case Name: J. Wilkerson v. M. Stainer
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 21, 2017
Citation: 704 F. App'x 689
Docket Number: 17-55287
Court Abbreviation: 9th Cir.
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