D. Taylor v. M. Johnson

FILED NOT FOR PUBLICATION DEC 23 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT D. L. TAYLOR, a.k.a. Ivory Curtis, a.k.a. No. 16-15257 I. C. Taylor, D.C. No. 3:12-cv-03424-CRB Plaintiff-Appellant, v. MEMORANDUM* M. J. JOHNSON, Defendant-Appellee. Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding Submitted December 14, 2016** Before: WALLACE, LEAVY, and FISHER, Circuit Judges. D. L. Taylor, a.k.a. Ivory Curtis, a.k.a. I. C. Taylor, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging excessive force in violation of the Eighth * 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). Amendment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Brodheim v. Cry, 584 F.3d 1262, 1267 (9th Cir. 2009), and for the reasons stated by the district court we affirm. Taylor’s requests for judicial notice are denied. AFFIRMED. 2 16-15257