Bilal Yasin v. Chad Coulter

MEMORANDUM

Plaintiff Bilal Abdul Yasin appeals the district court’s grant of summary judgment on his claims against Defendant Chad Coulter, an agent of the Federal Bureau of Investigation (“FBI”). Plaintiff also appeals the district court’s dismissal— for failure to serve process — of his claims against Defendants Roman Alvarez, Alba Espinoza, and Joe Galvan (“ABC Defendants”), all of whom are agents of the California Department of Alcoholic Beverage Control (“ABC”). Reviewing the grant of summary judgment de novo, Alexander Mfg. Emp. Stock Ownership Plan & Trust v. Ill. Union Ins. Co., 560 F.3d 984, 986 (9th Cir.2009), and the dismissal for abuse of discretion, Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th Cir.2001), we affirm.

A. Plaintiff’s Claims Against Defendant Coulter

With regard to his Fifth Amendment due process claim, Plaintiff argues for the first time on appeal that Defendant Coulter withheld material, exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). Although the complaint refers to “due process,” it makes no mention of Defendant’s allegedly withholding exculpatory evidence. Generic references…