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CLARK v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (2021)

United States Court of Appeals, Ninth Circuit.2021-02-22No. No. 20-15238

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Opinion

MEMORANDUM **

California state prisoner Loureece Stone Clark appeals pro se from the district courts judgment dismissing his petition for a writ of mandamus under 18 U.S.C. § 3771 alleging that defendants ignored his petition regarding recalculation of his sentence. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

In his opening brief, Clark does not address how the district court erred by dismissing his petition for lack of jurisdiction. Clark has therefore waived his challenge to the district courts order. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a partys opening brief are waived); 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․”).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.