NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SAMUEL GARDNER ELDREDGE, No. 16-55188
Plaintiff-Appellant, D.C. No. 2:14-cv-08046-JFW-FFM
v.
MEMORANDUM*
WALE OLUMUYIWA OLUKANMI,
Physician Assistant, P.A., individual and
official capacity,
Defendant-Appellee.
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
California state prisoner Samuel Gardner Eldredge appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
deliberate indifference to his serious medical needs. We have jurisdiction under 28
*
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).
U.S.C. § 1291. We affirm.
In his opening brief, Eldredge fails to address how the district court erred in
granting summary judgment on his deliberate indifference claims and thus this
issue is waived. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[O]n
appeal, arguments not raised by a party in its opening brief are deemed waived.”);
see also Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir. 1994) (“We will not
manufacture arguments for an appellant, and a bare assertion does not preserve a
claim . . . .”).
We do not consider Eldredge’s contentions regarding any alleged legal
malpractice committed by the attorneys who represented him in the district court
proceedings because such contentions are outside the scope of this appeal.
AFFIRMED.
2 16-55188