James Herrington v. Thomas Bristol

FILED

NOT FOR PUBLICATION

MAY 5 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES LEROY HERRINGTON, No. 20-35288

Plaintiff-Appellant, D.C. No. 2:16-cv-00680-AC

v.

MEMORANDUM*

THOMAS BRISTOL, Dr.; et al.,

Defendants-Appellees,

and

THERAPUTIC LEVEL OF CARE

COMMITTEE; et al.,

Defendants.

Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding

Submitted May 4, 2022 **

Before: FERNANDEZ, SILVERMAN, and N.R. SMITH, 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). James Herrington appeals the district court’s grant of summary judgment in

favor of the defendants in his 42 U.S.C. § 1983 civil rights action. We have

jurisdiction pursuant to 28 U.S.C. § 1291. We review the grant of summary

judgment de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004), and

affirm.

The…