Curtis Brown v. J. Pond

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 4 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CURTIS LAMONT BROWN, No. 19-35418

Plaintiff-Appellant, D.C. No. 3:17-cv-01434-MO

v.

MEMORANDUM*

J. POND; D. MILLER; UNITED STATES

OF AMERICA,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Argued and Submitted December 9, 2021 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: W. FLETCHER and RAWLINSON, Circuit Judges, and LIBURDI, ** District Judge.

Plaintiff Curtis Brown (“Brown”) appeals the district court’s order granting

Defendants’ motion to dismiss under Rule 12(b)(6). Brown is serving a 25-year

sentence at Federal Correctional Institute, Sheridan (“FCI Sheridan”). Miller is a

corrections officer there.

Brown asserts a Bivens claim against Miller. Brown alleges that Miller acted

with deliberate indifference in violation of the Eighth…