NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH JEROME PACKNETT, No. 17-17198
Plaintiff-Appellant, D.C. No. 4:15-cv-01229-YGR
v.
MEMORANDUM*
FERNAND ALVAREZ; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Yvonne Gonzalez Rogers, District Judge, Presiding
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
California state prisoner Kenneth Jerome Packnett appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging federal
and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review for
an abuse of discretion the denial of an extension of time to file an opposition. See
*
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).
Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258 (9th Cir. 2010). We
affirm.
The district court did not abuse its discretion by denying Packnett’s seventh
motion to extend the time to file an opposition to defendants’ motion for summary
judgment because Packnett was warned that he would not be given any further
extensions, had over ten months to file an opposition, and had extensive access to
the prison law library during that period. See Fed. R. Civ. P. 6(b)(1) (“When an act
may or must be done within a specified time, the court may, for good cause, extend
the time . . . .”); Ahanchian, 624 F.3d at 1258-60 (discussing good cause
requirement for extensions of time).
In his opening brief, Packnett fails to address the district court’s grant of
summary judgment for defendants. Therefore, Packnett has waived any challenge
to the summary judgment. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.
1999) (arguments not raised by party in opening brief are deemed waived).
AFFIRMED.
2 17-17198