NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 28 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DIEGO RIVERA VALENCIA, No. 18-56310

Plaintiff-Appellant, D.C. No. 3:18-cv-01261-WQH-

NLS

v.

JOHN FOREST WEIS I, District Attorney MEMORANDUM* of the State of California, County of Imperial Valley, individual; GILBERT G.

OTERO,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Submitted August 19, 2019**

Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.

Diego Rivera Valencia appeals pro se from the district court’s judgment

dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims related

to his proceedings in a criminal case. We have jurisdiction under 28 U.S.C.

* 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). § 1291. We affirm.

In his opening brief, Valencia fails to address the district court’s grounds for

dismissal. Therefore, Valencia has waived his challenge to the district court’s

dismissal order. See 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 . . . .”).

AFFIRMED.

2 18-56310