MEMORANDUM **
Patrina Harrison appeals pro se from the district courts judgment dismissing with prejudice her action alleging various federal and state law claims arising from various incidents while shopping. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district courts dismissal under Federal Rule of Civil Procedure 12(b)(6). L.A. Lakers, Inc. v. Fed. Ins. Co., 869 F.3d 795, 800 (9th Cir. 2017). We affirm in part, vacate in part, and remand.
The district court dismissed Harrisons 42 U.S.C. § 1981 claim for failure to state a claim without explanation. However, Harrison alleged that she was denied the opportunity to contract because she is African American, in contrast to similarly situated white customers. These allegations are sufficient to state a claim under 42 U.S.C. § 1981 for intentional discrimination. See Lindsey v. SLT L.A., LLC, 447 F.3d 1138, 1145 (9th Cir. 2006) (setting forth elements of a 42 U.S.C. § 1981 claim in a non-employment context). We vacate the judgment and remand for further proceedings on this claim.
The district court declined to exercise supplemental jurisdiction over Harrisons state law claims after dismissing her federal claims. See 28 U.S.C. § 1367(c)(3). Because we vacate the dismissal on one of Harrisons federal claims, we remand for the district court to reconsider whether it will exercise supplemental jurisdiction over Harrisons state law claims. See Fang v. United States, 140 F.3d 1238, 1243-44 (9th Cir. 1998).
In her opening brief, Harrison fails to address the dismissal of her remaining claims and has therefore waived her challenge to the district courts order regarding those claims. See Indep. Towers of Wash. v. Washington, 350 F.3d 925, 929 (9th Cir. 2003) (“[W]e will not consider any claims that were not actually argued in appellants opening brief.”); Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1992) (issues not supported by argument in pro se appellants opening brief are waived.
The parties shall bear their own costs on appeal.
AFFIRMED in part, VACATED in part, and REMANDED.