Carlos Espino v. Walgreen Co.

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 21 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CARLOS ESPINO, No. 16-15778 Plaintiff-Appellant, D.C. No. 2:15-cv-00423-MCE-AC v. MEMORANDUM* WALGREEN CO.; et al., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding Submitted March 8, 2017** Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges. Carlos Espino appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various federal claims arising from his medical care. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6). Hebbe v. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We affirm. We do not consider the merits of the district court’s dismissal of Espino’s action because Espino does not raise any argument in his opening brief concerning the district court’s dismissal of any claim alleged in his operative complaint. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (we do not consider matters not specifically and distinctly raised and argued in the opening brief); Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[A]rguments not raised by a party in its opening brief are deemed waived.”). Appellees’ motions for summary affirmance (Docket Entry Nos. 9, 10, 12, 14) are denied as unnecessary. AFFIRMED. 2 16-15778