Troy Temple v. . Montgomery

MEMORANDUM

Troy Alexander Temple, a California state prisoner, appeals from the district court’s judgment dismissing his 42 U.S.C. § 1983 action. Temple also appeals an order by the district court granting summary judgment in favor of defendants. We review de novo the district court’s disposition of the motion to dismiss and grant of summary judgment. Coto Settlement v. Eisenberg, 593 F.3d 1031, 1034 (9th Cir.2010); Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

In 1991, Temple provided law enforcement officers with information regarding the identity of a murderer in a pending investigation. After the suspect was arrested and arraigned, prosecutors informed the murderer that Temple was the informant who had given up his name, and reduced this information to a writing that was eventually delivered to the murderer as part of his plea deal.

Temple claims that he learned that he had been verbally identified as an informant in 1992. He discovered that the writing designating him as the informant and made by the prosecutors existed in 1996, when he was so told by another inmate. Temple brought this action in 2004 after…