Grandinetti v. FTC Seg. Unit Staff

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT APR 12 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FRANCIS GRANDINETTI, No. 07-16339 Plaintiff - Appellant, D.C. No. CV-07-00821-PHX- MHM v. FTC SEG. UNIT STAFF; et al., MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the District of Arizona Mary H. Murguia, District Judge, Presiding Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). under 28 U.S.C. § 1915(g). Andrews 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. AFFIRMED. 2 07-16339