Opinion
No. 07-35767.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 5, 2008.
Donna June Enright, Billings, MT, pro se.
Appeal from the United States District Court for the District of Montana; Sam E. Haddon, District Judge, Presiding. D.C. No. CV-07-00035-SEH.
Before HAWKINS, RAWLINSON, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Montana state prisoner Donna June Enright appeals pro se from the district court's judgment dismissing her 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
The district court determined that Enright was not entitled to equitable tolling, but granted a certificate of appealability on the issue. In her opening brief, Enright fails to address, and therefore has waived any challenge to, the district court's dismissal of her habeas petition as untimely. See United States v. Vought, 69 F.3d 1498, 1501 (9th Cir. 1995).