NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 1 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANGEL ORTIZ DIAMOND, No. 16-56036
Plaintiff-Appellant, D.C. No. 2:15-cv-07064-JAK-AJW
v.
MEMORANDUM*
CITY OF LOS ANGELES; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
John A. Kronstadt, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Angel Ortiz Diamond appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion
dismissal of an action as duplicative. Adams v. Cal. Dep’t of Health Servs., 487
*
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).
F.3d 684, 688 (9th Cir. 2007), overruled on other grounds by Taylor v. Sturgell,
553 U.S. 880, 904 (2008). We affirm.
The district court did not abuse its discretion by dismissing Diamond’s
action against the City of Los Angeles because the instant action is duplicative of
Diamond’s earlier action against the City of Los Angeles in the same district court.
See id. at 688-89 (explaining that an action is duplicative if “the causes of action
and relief sought, as well as the parties . . . to the action are the same” and setting
forth criteria for the “transaction test” to determine whether the causes of action are
the same (citations omitted)).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Diamond’s request to consolidate appeals, set forth in his opening brief, is
denied.
All pending motions are denied.
AFFIRMED.
2 16-56036