Saul Pelayo v. M. Smith

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 23 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAUL PELAYO, No. 20-16155

Plaintiff-Appellant, D.C. No. 3:18-cv-06037-RS

v.

MEMORANDUM*

M. SMITH, Prison Guard Employed with the

California Department of Corrections & Rehabilitation (“CDCR”), in her Individual & Official Capacities; et al.,

Defendants,

and

I. SMITH, Prison Guard Employed with the

CDCR, in His Individual and Official Capacities,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Richard Seeborg, District Judge, Presiding

Submitted June 15, 2022**

* 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). Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.

California state prisoner Saul Pelayo appeals pro se from the district court’s

summary judgment in his 42 U.S.C. § 1983…