Rendelman
Rendelman v. United States
Opinion
Lead Opinion
MEMORANDUM **
Appellant Scott Lewis Rendelman appeals from the district court’s dismissal under 28 U.S.C. § 1915A of his Bivens claims and from the district court’s grant of summary judgment on his claims under the Federal Tort Claims Act and his common law claims. The appellant contends that the district court erred in concluding that appellant had not stated a claim for relief under the Eighth Amendment where appellant suffered only minor injuries. The appellant also claims that the district court erred in concluding that no issue of material fact existed as to whether appellees had confiscated his property.
The court reviews de novo a district court’s dismissal of a prisoner’s complaint under 28 U.S.C. § 1915A for failure to state a claim upon which relief may be granted. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). The court reviews a grant of summary judgment de novo, and must determine whether, viewing the evidence in the light most favorable to the nonmoving party, there is a genuine issue of material fact and whether the district court applied the appropriate substantive law. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000).