Berlan Dicey v. S. Pickens

FILED

NOT FOR PUBLICATION JAN 31 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

BERLAN LYNELL DICEY, No. 11-16190

Plaintiff - Appellant, D.C. No. 2:06-cv-00482-KJN

v.

MEMORANDUM *

S. PICKENS; et al.,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California Kendall J. Newman, Magistrate Judge, Presiding

Submitted November 5, 2012 ** San Francisco, California

Before: FARRIS, NOONAN, and BYBEE, Circuit Judges.

We understand and are sympathetic with one who slips and falls resulting in

injury, but to grant the relief sought we must find constitutional violations or errors

on the part of the trial court. Here, there are none.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The rejection of a judicial notice request is not itself error. We must

examine the basis for the request.…