Randel Lane v. Clark County

FILED

UNITED STATES COURT OF APPEALS JUN 22 2015

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

RANDEL LANE, No. 13-15471

Plaintiff - Appellant, D.C. No. 2:11-cv-00485-JCM-

NJK

v. District of Nevada, Las Vegas

CLARK COUNTY,

Defendant - Appellee. ORDER

Before: PAEZ and CLIFTON, Circuit Judges and DUFFY,* District Judge.

The memorandum disposition is amended by inserting a footnote at the end

of the first sentence on page 2, which states as follows:

Because Lane waived his retaliation claim on appeal, we do not address it. See Miller v. Fairchild Indus., Inc., 797 F.2d 727, 738 (9th Cir. 1986) (stating that this court “will not ordinarily consider matters on appeal that are not specifically and distinctly argued in appellant's opening brief”).

With this amendment, Appellant’s Petition for Panel Rehearing Pursuant to

FRAP 40 is DENIED. No further petitions for rehearing may be filed.

* The Honorable Kevin Thomas Duffy, District Judge for the U.S. District Court for the Southern District…