Torres

MEMORANDUM **

Omar Torres appeals the district court’s sua sponte grant of summary judgment to Oxnard Police Officers Michael Purdy and Derek Stephens. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Torres argues that Defendants violated 42 U.S.C. § 1983 because (1) no reasonable suspicion for the stop and pat-down existed; (2) there was no probable cause to arrest him for violating CaLPenal Code § 148; and (3) the officers used excessive force. We disagree.

We review de novo a district court’s grant of summary judgment. Edgerly v. City and County of S.F., 495 F.3d 645, 658 (9th Cir.2007). Where the facts are not disputed, we must determine “whether the district court correctly applied the relevant substantive law.” Providence Health Sys.-Wash. v. Thompson, 353 F.3d 661 , 664 (9th Cir.2003) (citation omitted). We review de novo the reasonableness of an investigatory stop. United States v. Grigg, 498 F.3d 1070, 1074 (9th Cir.2007).

As to Torres’s first argument, the officers responded shortly after midnight to an anonymous call about a person with a flashlight in an alley. When they arrived, they observed Torres standing by an open gate. The officers stopped…