VICTOR FOURSTAR, JR. V. HUGH HURWITZ, No. 19-35512 (9th Cir. 2020)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUN 5 2020 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT VICTOR CHARLES FOURSTAR, Jr., Plaintiff-Appellant, v. No. U.S. COURT OF APPEALS 19-35512 D.C. No. 3:19-cv-00400-MK MEMORANDUM* HUGH J. HURWITZ, BOP Director; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding Submitted June 2, 2020** Before: LEAVY, PAEZ, and BENNETT, Circuit Judges. Victor Charles Fourstar, Jr., a former federal prisoner, appeals pro se from the district court’s judgment denying his request to proceed in forma pauperis and dismissing his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), for failure to pay the filing fee. 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. In his opening brief, Fourstar fails to raise, and has therefore waived, any challenge to the district court’s determinations that he: 1) had three prior qualifying ‘strikes’ under § 1915(g) of the Prison Litigation Reform Act; and 2) failed to allege he was under imminent danger of serious physical injury at the time the complaint was lodged. See Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (“[W]e will not consider any claims that were not actually argued in appellant’s opening brief.”); Acosta–Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1993) (issues not supported by argument in pro se appellant’s opening brief are waived); see also 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[.]”). All pending motions are denied. AFFIRMED. 2 19-35512

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