Richard Pickett v. Bennie Rollins

FILED

NOT FOR PUBLICATION JUN 23 2010

MOLLY C. DWYER, CLERK

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

FOR THE NINTH CIRCUIT

RICHARD L. PICKETT, No. 08-17268

Plaintiff - Appellant, D.C. No. 2:98-CV-00198-SRB-

MHB

v.

BENNIE ROLLINS, Deputy Warden in MEMORANDUM * his individual & official capacity; et al.,

Defendants - Appellees.

Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding

Argued and Submitted June 16, 2010 San Francisco, California

Before: RYMER and FISHER, Circuit Judges, and RIPPLE, Senior Circuit Judge.**

Richard L. Pickett appeals the summary judgment in favor of the Arizona

Department of Corrections (ADC) officials against whom he brought this action

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Kenneth F. Ripple, Senior United States Circuit Judge for the Seventh Circuit, sitting by designation. under 42 U.S.C. § 1983. We have jurisdiction pursuant to 28 U.S.C. § 1291,…