Rudy Harris v. Frank P. Alvarado

FILED

NOT FOR PUBLICATION OCT 28 2010

MOLLY C. DWYER, CLERK

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

FOR THE NINTH CIRCUIT

RUDY HARRIS, No. 08-16860

Plaintiff - Appellant, D.C. No. 1:03-cv-5690-OWW-DLB P

v.

MEMORANDUM *

FRANK P. ALVARADO,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of California Oliver W. Wagner, District Judge, Presiding

Argued and Submitted October 5, 2010 San Francisco, California

Before: KLEINFELD and GRABER, Circuit Judges, and MOLLOY,** District Judge.

Plaintiff Rudy Harris appeals from the district court’s grant of summary

judgment for Defendant Frank Alvarado, the only remaining defendant in this

U.S.C. § 1983 case. We review de novo, Serrano v. Francis, 345 F.3d 1071, 1082

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Donald W. Molloy, United States District Judge, District of Montana, sitting by designation. (9th Cir. 2003), and affirm for a different reason, see id. at 1076-77 (noting…