Gabriel Eckard v. Brian Wilmoth

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GABRIEL ECKARD, AKA Gabriel Allen No. 20-35552 Eckard, D.C. No. 2:19-cv-00377-BJR Plaintiff-Appellant,

v. MEMORANDUM*

BRIAN WILMOTH, Correctional Officer, Monroe Correctional Complex,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Barbara Jacobs Rothstein, District Judge, Presiding

Submitted February 15, 2022**

Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.

Washington state prisoner Gabriel Eckard appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action alleging excessive force

and an unreasonable search. We have jurisdiction under 28 U.S.C. § 1291. We

* 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). review de novo. Albino v. Baca,…