Gabriel Armendariz v. Jeff Auricchio

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GABRIEL ARMENDARIZ,
Plaintiff-Appellant,
v.
JEFF AURICCHIO,
Defendant-Appellee.
No. 17-15752
D.C. No. 2:15-cv-01890-SRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted October 23, 2017**
Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.
Gabriel Armendariz appeals pro se from the district court’s summary
judgment in his 42 U.S.C. § 1983 action alleging false arrest. 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).
FILED
NOV 1 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-15752
Because Armendariz failed to raise any arguments regarding the basis for the
district court’s grant of summary judgment, he has waived any such challenge on
appeal. 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 do not consider arguments or allegations raised for the first time on
appeal. See Smith, 194 F.3d at 1052 (“As a general rule, we will not consider
arguments that are raised for the first time on appeal.”).
AFFIRMED.

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