James McCurdy v. Randy Thomas

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 23 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES CLAYTON McCURDY, No. 21-15090

Plaintiff-Appellant, D.C. No. 2:17-cv-01736-TLN-CKD

v.

MEMORANDUM*

RANDY THOMAS, C/O,

Defendant-Appellee,

and

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND REHABILITATION;

et al.,

Defendants.

Appeal from the United States District Court for the Eastern District of California Troy L. Nunley, District Judge, Presiding

Submitted March 16, 2022**

Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.

* 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). California state prisoner James Clayton McCurdy appeals pro se from the

district court’s summary judgment for failure to exhaust administrative remedies in

his 42 U.S.C. § 1983 action alleging excessive force and deliberate indifference

claims. We have jurisdiction under 28…