NOT FOR PUBLICATION FILED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
JOHNNY M. LAWRENCE, No. 17-16119
Plaintiff-Appellant, D.C. No. 2:16-cv-00762-JCM-VCF
v.
MEMORANDUM*
JAMIE KRAHNE; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Johnny M. Lawrence appeals pro se from the district court’s judgment in his
42 U.S.C. § 1983 action alleging claims related to prior state court proceedings.
We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
discretion a denial of a motion for default judgment. DIRECTV, Inc. v. Huynh, 503
*
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 847, 852 (9th Cir. 2007). We affirm.
The district court did not abuse its discretion in denying Lawrence’s motions
for default judgment because Lawrence never properly served the summons and
complaint on defendants. See Crowley v. Bannister, 734 F.3d 967, 974-75 (9th
Cir. 2013) (“A federal court is without personal jurisdiction over a defendant
unless the defendant has been served in accordance with Fed. R. Civ. P. 4.”
(citation and internal quotation marks omitted)).
We do not consider the district court’s dismissal of Lawrence’s action for
insufficient service of process because Lawrence does not raise this issue in his
opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (“This
court will not ordinarily consider matters on appeal that are not specifically and
distinctly raised and argued in appellant’s opening brief.” (citation and internal
quotation marks omitted)).
We do not consider the merits of Lawrence’s claims because the district
court did not address them.
AFFIRMED.
2 17-16119