Michael Angelo Lena v. FRED FOULK, Warden;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL ANGELO LENA,
Plaintiff-Appellant,
v.
FRED FOULK, Warden; et al.,
Defendants-Appellees.
No. 17-15854
D.C. No. 2:15-cv-02276-TLN-DB
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Submitted November 15, 2017**
Before: CANBY, TROTT, and GRABER, Circuit Judges.
California state prisoner Michael Angelo Lena appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various
federal claims. We have jurisdiction under 28 U.S.C. § 1291. We affirm.
In his opening brief, Lena fails to address how the district court erred by
* 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).
FILED
NOV 28 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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dismissing his action for failing to prosecute his case following the district court’s
order to file an amended complaint. As a result, Lena 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.”); Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir. 1994) (“We will not
manufacture arguments for an appellant . . . .”).
We reject as without merit Lena’s contentions regarding the district court’s
bias.
All pending requests are denied.
AFFIRMED.

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