FILED
NOT FOR PUBLICATION JAN 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DARRIN DEAN McCORMICK, No. 09-56146
Plaintiff - Appellant, D.C. No. 2:07-cv-05697-MMM-
RC
v.
SONY PICTURES ENTERTAINMENT, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Darrin Dean McCormick appeals pro se from the district court’s summary
judgment for Sony Pictures Entertainment (“Sony”) in his action alleging
copyright infringement. We have jurisdiction under 28 U.S.C. § 1291. We review
*
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).
de novo. Funky Films, Inc. v. Time Warner Entm’t Co., L.P., 462 F.3d 1072, 1076
(9th Cir. 2006). We affirm.
The district court properly granted summary judgment because McCormick
failed to establish a triable issue as to whether his work, Outzone (the Future is
Here), was substantially similar to Sony’s film, Final Fantasy: The Spirits Within.
See id. (“Absent evidence of direct copying, proof of infringement involves . . .
showing[ ] that . . . the two works are substantially similar.” (internal quotation
marks omitted)). Accordingly, we do not reach the issue of whether Sony had
access to McCormick’s work.
McCormick’s remaining contentions are unpersuasive.
McCormick’s pending motion for notice of lodging is granted.
McCormick’s pending requests for a status update are denied as moot.
McCormick’s pending motion for a correction of the docket is granted. The
Clerk of the Court is directed to change the docket to reflect the proper date of
judgment in the district court as July 20, 2009, with the date of entry of judgment
being July 22, 2009.
AFFIRMED.
2 09-56146