Barry Lamon v. L. Ellis

MEMORANDUM

Barry Lamon (“Lamon”), a California inmate, appeals from the entry of judgment against him in this action brought under 42 U.S.C. § 1983 . We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

1. Lamon appeals from the district court’s dismissal of his initial complaint and its imposition of a page limit on the amended complaint. Reviewing for an abuse of discretion, McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir.1996), we affirm. The district court’s page limitation was consistent with Federal Rule of Civil Procedure 8(a)(2). See id. at 1178 .

2. To the extent Lamon appeals from the dismissal of claims alleged in the initial complaint but not repleaded in the amended complaint, Lamon “effectively abandoned” any such claims below and thus did not preserve them properly for appeal. Chubb Custom Ins. Co. v. Space Sys./Loral, Inc., 710 F.3d 946 , 973 n. 14, 974 n. 15 (9th Cir.2013).

3. Because Lamon failed to present in his opening appellate brief cogent, specific, and distinct arguments against the district court’s December 11, 2007, screening order dismissing various claims and defendants from this action, he has waived his right to appeal from that order. W. Radio…