Jason Sonntag v. Sheriff of Carson City

MEMORANDUM

Jason Eric Sonntag appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging violations of the Fourth and Eighth Amendments. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the denial of a motion for default judgment, Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir.1986), and we affirm.

The district court did not abuse its discretion in declining to enter default judgment because defendants were not untimely in their answer to Sonntag’s complaint. See Fed.R.Civ.P. 4(d)(3) (“A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent_”).

We do not consider issues not raised in Sonntag’s opening brief. See Entm’t Research Grp., Inc. v. Genesis Creative Grp., Inc., 122 F.3d 1211 , 1217 (9th Cir.1997).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.