Daniel McNab v. Gavin Newsom

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL MCNAB, No. 23-55419

Plaintiff-Appellant, D.C. No. 8:22-cv-00843-DSF-E

v.

MEMORANDUM*

GAVIN NEWSOM,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding

Submitted September 24, 2024**

Before: FERNANDEZ, KLEINFELD, and SILVERMAN, Circuit Judges.

Daniel McNab appeals pro se from the district court’s judgment dismissing

his 42 U.S.C. § 1983 action alleging that California Governor Gavin Newsom

violated his constitutional right to equal protection through state government

orders issued in response to the COVID-19 pandemic. We review de novo a

* 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). dismissal for failure to state a claim under Federal Rule of…