David Upton v. Aref Fakhoury

NOT FOR PUBLICATION FILED

JAN 24 2022

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID UPTON, No. 19-55811

Plaintiff-Appellant, D.C. No. 5:13-cv-02359-AB-PJW

v.

MEMORANDUM*

AREF FAKHOURY, in his individual and official capacity as Warden of California Institution for Men; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Andre Birotte, Jr., District Judge, Presiding

Submitted January 19, 2022**

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

Former California state prisoner David Upton appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various

claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.

Hamby v. Hammond, 821 F.3d 1085, 1090 (9th Cir. 2016) (cross motions for

* 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.…