Arron Simmons v. Shasta County District Attorne

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 16 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ARRON THOMAS SIMMONS, No. 21-15697

Plaintiff-Appellant, D.C. No. 2:21-cv-00242-KJM-AC

v.

MEMORANDUM*

SHASTA COUNTY DISTRICT

ATTORNEY; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding

Submitted December 14, 2021**

Before: WALLACE, CLIFTON, and HURWITZ, Circuit Judges.

California state prisoner Arron Thomas Simmons appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action challenging his

sentence as unconstitutional. We have jurisdiction under 28 U.S.C. § 1291. We

review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d

* 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). 443, 447 (9th Cir.…