NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MELVYN K. FOSTER, No. 17-56550
Plaintiff-Appellant, D.C. No. 2:14-cv-04701-CAS-AJW
v.
MEMORANDUM*
LEROY BACA, Sheriff; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted June 12, 2018**
Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.
California state prisoner Melvyn K. Foster appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging federal and state
law claims arising during his pretrial detention. We have jurisdiction under 28
U.S.C. § 1291. We affirm.
*
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).
In his opening brief, Foster fails to address how the district court erred by
dismissing his action for failure to exhaust administrative remedies and declining
to exercise supplemental jurisdiction over the state law claims. As a result, Foster
has waived his challenge to the district court’s order. 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.”).
AFFIRMED.
2 17-56550