Willie Smith v. Drugh Waggener

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIE T. SMITH, No. 20-15891

Plaintiff-Appellant, D.C. No. 3:15-cv-00373-RCJ-WGC

v.

MEMORANDUM*

DRUGH WAGGENER,

Defendant-Appellee,

and

C. KERNER; et al.,

Defendants.

Appeal from the United States District Court for the District of Nevada Robert Clive Jones, District Judge, Presiding

Submitted January 19, 2022**

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

Nevada state prisoner Willie T. Smith appeals from the district court’s order

* 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). denying his motion to vacate the judgment in his 42 U.S.C. § 1983 action alleging

constitutional violations arising from the seizure of his mail. We have jurisdiction

under 28 U.S.C. § 1291. We review for an abuse of discretion. Sch. Dist. No.…