Warden

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 27 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WESLEY J. SMITH, No. 24-6732 D.C. No. 6:24-cv-00069-BMM Plaintiff - Appellant,

v. MEMORANDUM*

WARDEN, Montana State Prison; DOES 1- 10,

Defendants - Appellees.

Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding

Submitted January 22, 2026**

Before: WARDLAW, CLIFTON, and R. NELSON, Circuit Judges.

Wesley J. Smith, an inmate at Montana State Prison, appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations

of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291. We

* 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). review de novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012)…