Enrique Diaz v. Roger Martinez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 20 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ENRIQUE DIAZ, AKA Yosef E. Diaz- No. 20-17097 Shevatz, D.C. No. 5:18-cv-03017-EJD Plaintiff-Appellant,

v. MEMORANDUM*

ROGER MARTINEZ; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding

Submitted October 12, 2021**

Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.

California state prisoner Enrique Diaz, AKA Yosef E. Diaz-Shevatz, appeals

pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action

alleging a violation of due process. We have jurisdiction under 28 U.S.C. § 1291.

We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P.…