FILED
NOT FOR PUBLICATION AUG 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAY JOHNSON, No. 10-56135
Plaintiff - Appellant, D.C. No. 2:10-cv-02787-UA-
DUTY
v.
WINN RESIDENTIAL; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, Chief Judge, Presiding
Submitted August 11, 2011 **
Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
Jay Johnson appeals pro se from the district court’s order denying him in
forma pauperis status in his action under the Fair Housing Act. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Tripati
v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987). We affirm.
*
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).
Johnson does not raise the district court’s denial of in forma pauperis status
in his brief, and thus it is waived. See Padgett v. Wright, 587 F.3d 983, 985 n.2
(9th Cir. 2009) (per curiam) (“This court will not ordinarily consider matters on
appeal that are not specifically and distinctly raised and argued in appellant’s
opening brief.” (citation and internal quotation marks omitted)).
Contrary to Johnson’s contention and to the extent that he raised it before the
district court, there was no error in failing to consolidate this case with Johnson’s
other federal action that was already pending on appeal when Johnson filed this
case.
AFFIRMED.
2 10-56135