Jose Morales v. Mathew Cate

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 4 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE LUIS MORALES, No. 18-15009

Plaintiff-Appellant, D.C. No. 5:11-cv-03901-EJD

v.

MEMORANDUM*

MATTHEW CATE; G. D. LEWIS; P. T.

SMITH; R. BELL; CLARK E. DUCART,

Warden,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Edward J. Davila, District Judge, Presiding

Argued and Submitted January 13, 2022 Pasadena, California

Before: WALLACE and FRIEDLAND, Circuit Judges, and LASNIK,** District Judge. Partial Concurrence and Partial Dissent by Judge WALLACE

Plaintiff Jose Luis Morales appeals from the district court’s order dismissing

his claims in a § 1983 action against officials of the Pelican Bay State Prison

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Robert S. Lasnik, United States District Judge for the Western District of Washington, sitting by designation. (“PBSP”). We have jurisdiction…