McGary

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 16 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DARNELL OTIS McGARY; ELIZABETH No. 24-7341 McGARY, Deceased, D.C. No. 2:24-cv-00135-TOR Plaintiffs - Appellants,

MEMORANDUM*

v.

JAY INSLEE, Governor; SUSAN DRYFUS, Department of Social and Health Service; BOB FERGUSON, Attorney General; JAMES NAGLE, Walla Walla County Prosecutor; JUDSON GRAY, Personal Representative, Estate of McGary,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, District Judge, Presiding

Submitted October 15, 2025**

Before: FRIEDLAND, MILLER, and SANCHEZ, Circuit Judges.

Former Washington state prisoner Darnell Otis McGary appeals pro se from

* 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’s judgment dismissing his 42 U.S.C. §…