Flournoy

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 19 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BENJAMIN FLOURNOY, No. 24-4953 D.C. No. 3:21-cv-01767-RBM-DTF Plaintiff - Appellant,

v. MEMORANDUM*

M. POLLARD, Warden, Richard J.

Donovan Correctional Facility; C. KIES, Correctional Officer,

Defendants - Appellees,

and

KILOUGH, Mr. MIRANDA, Lieutenant, RALPH DIAZ, Former CDCR Secretary, HOWARD E. MOSELEY, Associate Director of Appeals, Richard J. Donovan Correctional Facility, DOES, 1- 15; Captain,

Defendants.

Appeal from the United States District Court for the Southern District of California Ruth Bermudez Montenegro, District Judge, Presiding

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Submitted March 16, 2026**

Before: SILVERMAN, NGUYEN, and HURWITZ, Circuit Judges.

California state prisoner Benjamin Flournoy appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action alleging…