Sires
Sires v. Ambrose
Opinion
Lead Opinion
MEMORANDUM **
Richard Sires appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action against David Ambrose, a court-appointed arbitrator in a state court action against Sires; Carolyn and Randolph Newman, the plaintiffs in the lawsuit; and Eric Friedman, plaintiffs’ attorney. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim. Wyler Summit P’ship v. Turner Broad. Sys., 135 F.3d 658 , 661 (9th Cir. 1998). We affirm.
*898 Because this court “does not consider an issue not passed upon below,” Dodd v. Hood River County, 59 F.3d 852, 863 (9th Cir.1995), Sires waived his contentions that the arbitrator failed to hold a hearing on one of his motions, and that the arbitrator converted his motion for summary judgment. Because this court “will not ordinarily consider matters on appeal that are not specifically and distinctly argued in appellant’s opening brief,” Miller v. Fairchild Indus., Inc., 797 F.2d 727 , 738 (9th Cir.1986), Sires waived his contention that the arbitrator conspired against him.
Because state court rules dictate that pretrial motions during arbitration can only be…