Joseph Cuviello v. City of Belmont

FILED

NOT FOR PUBLICATION

MAY 20 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSEPH PATRICK CUVIELLO, No. 23-16135

Plaintiff-Appellant, D.C. No. 3:23-cv-00029-LB

v.

MEMORANDUM*

CITY OF BELMONT; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Laurel D. Beeler, Magistrate Judge, Presiding

Submitted May 16, 2024** San Francisco, California

Before: S.R. THOMAS, CALLAHAN, and SANCHEZ, Circuit Judges.

Plaintiff-Appellant Joseph Patrick Cuviello appeals the district court’s denial

of his motion for a preliminary injunction on his section 1983 retaliation claim

against Defendant-Appellee Brigitte Shearer, the head of the City of Belmont’s

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Parks and Recreation Department. The district court had jurisdiction over

Cuviello’s retaliation claim under…