Richard Brennan v. Ralph Diaz

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 16 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD WILLIAM BRENNAN, No. 22-16010

Plaintiff-Appellant, D.C. No. 2:20-cv-01403-KJM-DMC v.

RALPH DIAZ; CALIFORNIA MEMORANDUM*

DEPARTMENT OF CORRECTIONS,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Submitted May 12, 2023** San Francisco, California

Before: FRIEDLAND and BENNETT, Circuit Judges, and BENNETT,*** District Judge.

Plaintiff Richard Brennan appeals the district court’s order denying his

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes that this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Richard D. Bennett, United States District Judge for the District of Maryland, sitting by designation. motion for relief from judgment under Fed. R. Civ.…