Samuel Armstrong v. Gavin Newsom

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 21 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAMUEL ARMSTRONG, No. 21-55060

Plaintiff-Appellant, D.C. No. 2:20-cv-03745-GW-AS v.

GAVIN NEWSOM; DOES, 1 through 50, in MEMORANDUM* their individual capacities, Inclusive,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding

Submitted December 10, 2021** Pasadena, California

Before: M. SMITH, LEE, and FORREST, Circuit Judges.

At issue in this appeal is California Governor Gavin Newsom’s Executive

Order N-33-20, issued on March 19, 2020, which ordered Californians to “stay

home” to prevent the spread of COVID-19. Californian Samuel Armstrong seeks

* 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). monetary damages from the Governor for alleged…