Andrew Lopez v. D. Thomas

FILED

NOT FOR PUBLICATION

DEC 10 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDREW RICK LOPEZ, No. 23-15255

Plaintiff-Appellant, D.C. No. 4:21-cv-07136-PJH

v.

MEMORANDUM*

D. C. THOMAS, Correctional Officer,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding

Submitted December 10, 2024** San Francisco, California

Before: O’SCANNLAIN, FERNANDEZ, and SILVERMAN, Circuit Judges.

California prisoner Andrew Lopez appeals pro se from the district court’s

judgment in his 42 U.S.C. § 1983 action alleging that prison personnel violated his

* 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). rights during a fight with another inmate and during the ensuing disciplinary

proceedings. We affirm.

Reviewing de novo,1 we conclude that the district court correctly…