Robert Emery, Jr. v. Mark Nooth

NOT FOR PUBLICATION FILED

DEC 20 2021

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT LEE EMERY, Jr., No. 21-35278

Plaintiff-Appellant, D.C. No. 2:18-cv-02096-MC

v.

MEMORANDUM*

MARK NOOTH, Eastside Institutions Administrator, Oregon Department of Corrections (ODOC); et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding

Submitted December 14, 2021**

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

Oregon state prisoner Robert Lee Emery, Jr., appeals pro se from the district

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

and Title II of the Americans with Disabilities Act (“ADA”). We have jurisdiction

* 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). under 28 U.S.C. § 1291. We review de novo. Toguchi v. Chung, 391 F.3d…