Mascorro

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 25 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELOY MASCORRO, No. 24-2368 D.C. No. Plaintiff - Appellant, 3:21-cv-01725-RSH-DDL v.

MEMORANDUM*

CITY OF SAN DIEGO; POLICE

OFFICER, Officers 1-4; SAN DIEGO

POLICE DEPARTMENT; SAN DIEGO

CHIEF OF POLICE,

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of California Robert Steven Huie, District Judge, Presiding

Submitted April 22, 2025**

Before: GRABER, H.A. THOMAS, and JOHNSTONE, Circuit Judges.

Eloy Mascorro appeals pro se from the district court’s order dismissing his

42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction

* 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). under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for

failure to serve under…