David Edwards v. Gary Swarthout

NOT FOR PUBLICATION FILED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

DAVID E. EDWARDS, No. 17-16019

Plaintiff-Appellant, D.C. No. 2:13-cv-02218-JAM-DB v.

GARY SWARTHOUT, Warden, MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted February 7, 2022 San Francisco, California

Before: WARDLAW, IKUTA, and BADE, Circuit Judges.

California state prisoner David Edwards appeals from the district court’s

summary judgment in his 42 U.S.C. § 1983 action alleging that Warden Gary

Swarthout violated his constitutional rights by temporarily imposing restrictions on

white inmates in July 2010 and February 2011. We have jurisdiction under

U.S.C. § 1291. We review the district court’s grant of summary judgment de novo,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Albino v. Baca, 747 F.3d 1162, 1168…