Rodney Banks v. J. Pelayo

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RODNEY BANKS, No. 21-15688

Plaintiff-Appellant, D.C. No. 1:20-cv-00117-DAD-JLT

v.

MEMORANDUM*

J. PELAYO, Correctional Officer at Kern

Valley State Prison; A. LEYVA, Correctional Officer at Kern Valley State Prison,

Defendants-Appellees.

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

Submitted March 16, 2022**

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

California state prisoner Rodney Banks appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations of the

First and Fourteenth Amendments. We have jurisdiction under 28 U.S.C. § 1291.

* 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). We review de novo a…