Foster

MEMORANDUM ***

California state prisoner Ricky Tyrone Foster appeals pro se the district court’s summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action alleging, inter alia, excessive force, retaliation, and racial discrimination. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and we affirm.

The district court denied Foster’s motion for summary judgment because defendants’ response raised a genuine issue of material fact concerning his excessive force, retaliation, and racial discrimination claims. The district court subsequently granted defendants Rodriguez and Cobbs’ motion for summary judgment. Contrary to Foster’s contention, it was not inconsistent for the district court to grant summary judgment for the defendants after concluding that triable issues precluded summary judgment for Foster. See Fed. R.Civ.P. 56(e); T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass’n, 809 F.2d 626, 629-30 (9th Cir.1987) (explaining the burdens of proof on summary judgment).

To the extent Foster challenges the denial of his request to withdraw consent to *617 proceed before the magistrate…