Sherrill

MEMORANDUM **

James L. Sherrill, a Montana state prisoner, appeals pro se from the district court’s grant of summary judgment in favor of defendants in his 42 U.S.C. § 1983 action alleging that he was unlawfully incarcerated from July 3, 2002 until December 4, 2002. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc).

As a preliminary matter, this court’s April 16, 2008 order is vacated to the extent that the order stated that the district court had not revoked appellant’s in forma pauperis status. The district court, in its January 21, 2008 order, certified that this appeal is not taken in good faith, and so revoked appellant’s in forma pauperis status. We grant appellant in forma pauperis status for the purposes of this appeal. Appellant has completed and filed the authorization form pursuant to this court’s April 16, 2008 order, and the fees for this appeal will continue to be collected from appellant’s trust fund account. See 28 U.S.C. § 1915 (b)(2), (e)(2).

Turning to the merits, we find the district court properly granted summary judgment in favor of defendants because Sherrill failed to show…