Opinion
No. 10-17367 D.C. No. 2:09-cv-01207-FCD-GGH
12-19-2011
NICOLAS DAVID ANDREAS, Plaintiff - Appellant, v. MATTHEW CATE, Defendant, and K. JOHNSON; et al., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court
for the Eastern District of California
Frank C. Damrell, Jr., District Judge, Presiding
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
California state prisoner Nicolas David Andreas appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action, without prejudice, for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We affirm.
By failing to discuss the issue of exhaustion in his opening brief, Andreas has waived any arguments that the district court erred in dismissing for nonexhaustion. See Entm't Research Grp., Inc. v. Genesis Creative Grp., Inc., 122 F.3d 1211, 1217 (9th Cir. 1997) ("We review only issues which are argued specifically and distinctly in a party's opening brief. We will not manufacture arguments for an appellant, and a bare assertion does not preserve a claim[.]" (citation omitted)); Wilcox v. Comm'r, 848 F.2d 1007, 1008 n.2 (9th Cir. 1988) (arguments not raised on appeal by a pro se litigant are deemed abandoned).
Andreas's remaining contentions are unpersuasive.
AFFIRMED.