William Setzler v. City and County of San Francisco

FILED

NOT FOR PUBLICATION MAR 18 2010

MOLLY C. DWYER, CLERK

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

FOR THE NINTH CIRCUIT

WILLIAM SETZLER, an individual, No. 09-15463

Plaintiff - Appellant, D.C. No. 3:07-CV-05792-SI

v.

MEMORANDUM *

CITY AND COUNTY OF SAN

FRANCISCO,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of California Susan Illston, District Judge, Presiding

Submitted March 10, 2010 ** San Francisco, California

Before: HALL, NOONAN and THOMAS, Circuit Judges.

William Setzler appeals from the district court’s order dismissing his

complaint. We affirm. Because the parties are familiar with the factual and

procedural history of this case, we will not recount it here.

* 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).

1 The district court correctly concluded that, to the extent that Setzler’s

procedural due process claim is based on…