N.F.

FILED

NOT FOR PUBLICATION

MAY 2 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

N.F., a minor, by and through his guardian No. 21-15781 ad litem Melanie Flyte, D.C. No. 4:19-cv-02453-KAW Plaintiff-Appellant,

v. MEMORANDUM*

ANTIOCH UNIFIED SCHOOL

DISTRICT, A Local Educational Agency,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Kandis A. Westmore, Magistrate Judge, Presiding

Argued and Submitted April 13, 2022 San Francisco, California

Before: SILER,** W. FLETCHER, and M. SMITH, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Eugene E. Siler, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. Petitioner N.F. appeals from the district court’s grant of summary judgment

in favor of the Antioch Unified School District (“AUSD”). We have jurisdiction

under 28 U.S.C. § 1291.

N.F. is an elementary school student who resided at all…