Nuchols

FILED

NOT FOR PUBLICATION DEC 29 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JULIUS LEE JACKSON, No. 08-16955

Plaintiff - Appellant, D.C. No. 2:04-cv-00983-LKK-

GGH

v.

SERGEANT NUCHOLS; et al., MEMORANDUM *

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California Lawrence K. Karlton, District Judge, Presiding

Submitted December 15, 2009 **

Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.

Julius Lee Jackson, a California state prisoner, appeals pro se from the

district court’s judgment in his 42 U.S.C. § 1983 action. We have jurisdiction

under 28 U.S.C. § 1291. We review for an abuse of discretion the denial of a

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). motion for appointment of counsel, Terrell v. Brewer, 935 F.2d 1015, 1017 (9th

Cir.…