Michael Witkin v. D. Wise

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 27 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL AARON WITKIN, No. 23-15020

Plaintiff-Appellant, D.C. No. 2:19-cv-00974-KJM-KJN v.

D. WISE; et al., MEMORANDUM*

Defendants-Appellees.

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

Submitted February 27, 2025**

Before: S.R. THOMAS, SILVERMAN, and N.R. SMITH, Circuit Judges.

Former California state prisoner Michael Witkin appeals pro se the district

court’s summary judgments in favor of defendant prison officials. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo. See BNSF Railway Co.

v. Or. Dep’t of Revenue, 965 F.3d 681, 685 (9th Cir. 2020). We affirm.

* 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). The district court…