Osemwingie

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 29 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIAM BARKER, No. 20-15503 20-15840 Plaintiff-Appellant, D.C. No. 2:16-cv-03008-CKD v.

OSEMWINGIE; RAMISCAL,

Defendants-Appellees.

MEMORANDUM*

and

STATE OF CALIFORNIA; CALIFORNIA

DEPARTMENT OF CORRECTIONS AND

REHABILITATION,

Defendants.

Appeals from the United States District Court for the Eastern District of California Carolyn K. Delaney, Magistrate Judge, Presiding

Argued and Submitted November 17, 2021 San Francisco, California

Before: WATFORD and FRIEDLAND, Circuit Judges, and KORMAN, ** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. Page 2 of

William Barker sued the State of California, the California Department of

Corrections and Rehabilitation (CDCR), and CDCR employees Osemwingie and

Ramiscal for harms arising from a…