Gallegos

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 23 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BENJAMIN ROBERT GALLEGOS, No. 25-6386 D.C. No. 2:24-cv-01004-DC-SCR Plaintiff - Appellant,

v.

MEMORANDUM*

GAVIN NEWSOM, Governor of California; JEFF McCOMBER;

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California Dena M. Coggins, District Judge, Presiding

Submitted March 16, 2026**

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

California state prisoner Benjamin Robert Gallegos appeals pro se from the

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

* 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). constitutional claims concerning prison safety. We have jurisdiction under

U.S.C. § 1291. We review de novo a dismissal…