Stephen Eugster v. Paula Littlewood

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 19 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT STEPHEN KERR EUGSTER, No. 18-35421 Plaintiff-Appellant, D.C. No. 2:17-cv-00392-TOR v. MEMORANDUM* PAULA LITTLEWOOD, Executive Director, WSBA, in her official capacity; et al., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, Chief Judge, Presiding Submitted March 12, 2019** Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges. Attorney Stephen Kerr Eugster appeals pro se from the district court’s judgment dismissing his antitrust and 42 U.S.C. § 1983 action. 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, Eugster fails to address any of the grounds for dismissal and has therefore waived his challenge to the district court’s order. See Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (“[W]e will not consider any claims that were not actually argued in appellant’s opening brief.”); Acosta–Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1993) (issues not supported by argument in pro se appellant’s opening brief are waived). Eugster’s request for oral argument, set forth in his opening brief, is denied. AFFIRMED. 2 18-35421