David Lemus v. T. Gutierrez

NOT FOR PUBLICATION FILED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

DAVID LEMUS, No. 19-55827

Plaintiff-Appellant, D.C. No. 3:17-cv-01500-MMA-JLB

v.

MEMORANDUM*

T. GUTIERREZ, Correctional Officer; et al.

Defendants-Appellees,

and

JOHN DOE, Correctional Officer,

Defendant.

Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding

Submitted January 19, 2022**

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

California state prisoner David Lemus appeals pro se from the district

* 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). court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate

indifference to his safety and serious medical needs. We have jurisdiction under

28 U.S.C. § 1291. We review de novo. Toguchi v.…