Summary
holding that Plaintiff did not state a viable claim for violation of his limited constitutional right to association because he failed to demonstrate how his "intimate" or "expressive" associational rights were implicated
Summary of this case from Gathrite v. WilsonOpinion
No. 17-55287
11-21-2017
J. R. WILKERSON, AKA Adonai El-Shaddai, AKA James Wilkerson, Plaintiff-Appellant, v. M. D. STAINER, Secretary, CDCR, Individual Capacity; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 2:14-cv-09313-RGK-JC MEMORANDUM Appeal from the United States District Court for the Central District of California
George H. King, District Judge, Presiding Before: CANBY, TROTT, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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 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.