Aly

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 16 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRIAN A. JEREMIAH, No. 18-35450

Plaintiff-Appellant, D.C. No. 2:16-cv-00532-TC

v.

MEMORANDUM*

ALY, Sgt.; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Submitted November 8, 2021**

Before: CANBY, TASHIMA, and MILLER, Circuit Judges.

Oregon state prisoner Brian A. Jeremiah appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action alleging federal claims.

We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Thomas v.

Ponder, 611 F.3d 1144, 1149 (9th Cir. 2010). We affirm in part, vacate in part,

* 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. 34(a)(2). and remand.

The district court properly granted summary judgment as to…