ANDREW CLARK V. WELLS FARGO BANK, NA, No. 17-35247 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION DEC 21 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT ANDREW G. CLARK, U.S. COURT OF APPEALS No. 17-35247 Plaintiff-Appellant, D.C. No. 6:14-cv-01103-JR v. MEMORANDUM* WELLS FARGO BANK, NA; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. Andrew G. Clark appeals pro se from the district court’s judgment dismissing his action brought under 42 U.S.C. § 1983 and the Racketeer Influenced and Corrupt Organizations Act, alleging constitutional and statutory violations related to his arrest and prosecution for criminal stalking. We have jurisdiction * 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). under 28 U.S.C. § 1291. We affirm. In his opening brief, Clark failed to challenge the district court’s orders dismissing his claims against defendants, and therefore Clark waived any challenge to such orders. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[A]rguments 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 . . . .”). Clark’s motions for judicial notice (Docket Entry Nos. 13, 18, 50 and 54) and motion to compel (Docket Entry No. 40) are denied. AFFIRMED. 2 17-35247

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