MELVYN FOSTER V. LEROY BACA, No. 17-56550 (9th Cir. 2018)

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NOT FOR PUBLICATION FILED JUN 20 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MELVYN K. FOSTER, No. Plaintiff-Appellant, U.S. COURT OF APPEALS 17-56550 D.C. No. 2:14-cv-04701-CAS-AJW v. MEMORANDUM* LEROY BACA, Sheriff; et al., Defendants-Appellees. Appeal from the United States District Court for the Central District of California Christina A. Snyder, District Judge, Presiding Submitted June 12, 2018** Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges. California state prisoner Melvyn K. Foster appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging federal and state law claims arising during his pretrial detention. 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, Foster fails to address how the district court erred by dismissing his action for failure to exhaust administrative remedies and declining to exercise supplemental jurisdiction over the state law claims. As a result, Foster 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.”). AFFIRMED. 2 17-56550

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