NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 5 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERIC WILTON BURTON, No. 15-56756
Plaintiff-Appellant, D.C. No. 3:15-cv-02458-BAS-JLB
v.
MEMORANDUM*
R. FOX; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of California
Cynthia A. Bashant, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Eric Wilton Burton, a California state prisoner, appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 for failure to pay the
filing fee after denying Burton’s motion to proceed in forma pauperis (“IFP”)
because he had three strikes under the Prison Litigation Reform Act. We have
*
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).
jurisdiction under 28 U.S.C. § 1291. We affirm.
By failing to address in his opening brief how the district court erred, Burton
has waived his challenge to the district court’s determinations that Burton has three
or more prior actions dismissed as frivolous, malicious, or for failure to state a
claim upon which relief may be granted, and that Burton has not alleged imminent
danger of serious physical injury. 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.”); Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir. 1994) (“We will
not manufacture arguments for an appellant, and a bare assertion does not preserve
a claim . . . .”); see also 28 U.S.C. § 1915(g).
AFFIRMED.
2 15-56756