William Whitsitt v. City of Stockton

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIAM J. WHITSITT, No. 21-16670

Plaintiff-Appellant, D.C. No. 2:20-cv-01178-KJM-AC

v.

MEMORANDUM*

CITY OF STOCKTON; SAN JOAQUIN

COUNTY; KELLY MORRIS; SAN

JOAQUIN COUNTY PROBATION

DEPARTMENT; NICKY MORRIS; SAN

JOAQUIN COUNTY DISTRICT

ATTORNEY'S OFFICE; MEWHINNEY; A.

LIZARDO; CHRISTENSEN; JOHN

AFANSASIEV; MORGAN T. FAWVER,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding

Submitted July 16, 2024**

Before: SCHROEDER, VANDYKE, and KOH, Circuit Judges.

The motion to recall the mandate (Docket Entry No. 17) is granted. The

* 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). February 2, 2023 order of dismissal for failure to prosecute is vacated…