Kaneakua

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 14 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELIJAH M. KANEAKUA, No. 23-1587 D.C. No. Plaintiff - Appellant, 1:22-cv-00201-DKW-WRP v.

MEMORANDUM*

ESTELA DERR; NATHAN KWON,

Defendants - Appellees.

Appeal from the United States District Court for the District of Hawaii Derrick Kahala Watson, District Judge, Presiding

Argued and Submitted June 3, 2025 Honolulu, Hawaii

Before: W. FLETCHER, CHRISTEN, and DESAI, Circuit Judges.

Elijah M. Kaneakua appeals from the district court’s dismissal of his pro se

complaint seeking damages pursuant to Bivens v. Six Unknown Named Agents of

the Federal Bureau of Narcotics, 403 U.S. 388 (1971). Kaneakua alleged that

Defendants Dr. Nathan Kwon and Warden Estela Derr failed to treat him for

severe ear pain while he was incarcerated at FDC Honolulu. The key question on

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. appeal is whether Kaneakua’s Eighth Amendment claim that federal…