Jory Strizich v. Mike Batista

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JORY STRIZICH, No. 18-36008

Plaintiff-Appellant, D.C. No. 6:16-cv-00012-DLC

v.

MEMORANDUM*

MIKE BATISTA; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Argued and Submitted February 16, 2022 San Francisco, California

Before: GOULD and RAWLINSON, Circuit Judges, and ZIPPS,*** District Judge.

Jory Strizich appeals the district court’s dismissal of the claims he brought

against several Montana State Prison (“MSP”) officials pursuant to 42 U.S.C. §

1983. Strizich alleged that MSP officials violated his Eighth Amendment rights

while he was an inmate by failing to protect him from assaults by rival gang

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. *** The Honorable Jennifer G. Zipps, United States District Judge for the District of Arizona, sitting by designation.…