Opinion
No. 20-15238
02-22-2021
LOUREECE STONE CLARK, Petitioner-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO, Respondents-Appellees.
NOT FOR PUBLICATION
D.C. No. 2:19-cv-02014-KJM-KJN MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Kimberly J. Mueller, District Judge, Presiding Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
California state prisoner Loureece Stone Clark appeals pro se from the district court's judgment dismissing his petition for a writ of mandamus under 18 U.S.C. § 3771 alleging that defendants ignored his petition regarding recalculation of his sentence. We have jurisdiction under 28 U.S.C. § 1291. We affirm.
In his opening brief, Clark does not address how the district court erred by dismissing his petition for lack of jurisdiction. Clark has therefore waived his challenge to the district court's order. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party's opening brief are 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 . . . .").
We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.