Summary
affirming district court's dismissal under 28 U.S.C. § 1915(g)'s "three strikes" provision
Summary of this case from Grandinetti v. HatakeyamaOpinion
No. 07-16339.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 12, 2011.
Francis Grandinetti, pro se.
Appeal from the United States District Court for the District of Arizona, Mary H. Murguia, District Judge, Presiding. D.C. No. CV-07-00821-PHX-MHM.
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Francis Grandinetti, an Arizona state prisoner, appeals pro se from the district court's judgment dismissing, under the "three strikes" provision of 28 U.S.C. § 1915(g), his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(g). Andreivs v. King, 398 F.3d 1113, 1118 (9th Cir. 2005). We affirm.
Grandinetti has waived any issue on appeal by failing to make any arguments in his opening brief. 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.").
Grandinetti's requests set forth in letters submitted March 13, 2009 and June 12, 2009 are denied.