NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 4 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ERIK TAYLOR, No.15-56117
Plaintiff-Appellant, D.C. No. 2:11-cv-09614-FMO-SS
v.
MEMORANDUM*
VICTOR LEMUS; JOAQUIN RINCON,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Fernando M. Olguin, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Erik Taylor appeals pro se from the district court’s judgment following a
jury trial in his 42 U.S.C. § 1983 action alleging excessive force and other
constitutional violations related to his arrest and prosecution. We have jurisdiction
under 28 U.S.C. § 1291. We affirm.
*
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).
We are unable to consider Taylor’s contentions that the district court erred
by entering judgment for defendants because Taylor failed to provide any portion
of the trial transcript. See Fed. R. App. P. 10(b)(2) (“If the appellant intends to
urge on appeal that a finding or conclusion is unsupported by the evidence or is
contrary to the evidence, the appellant must include in the record a transcript of all
evidence relevant to that finding or conclusion.”); Syncom Capital Corp. v. Wade,
924 F.2d 167, 168 (9th Cir. 1991) (dismissing appeal filed by pro se appellant for
failure to comply with Fed. R. App. P. 10(b)(2)).
The motion to withdraw as pro bono counsel for appellant (Docket Entry
No. 22) is granted. Upon more detailed review of the record, the March 22, 2016
and May 9, 2017 orders regarding the appointment of pro bono counsel are
vacated. This appeal is removed from the court’s pro bono program and the Clerk
shall amend the docket to reflect that appellant is proceeding pro se.
Taylor’s motions for appointment of counsel (Docket Entry Nos. 11, 23) are
denied.
AFFIRMED.
2 15-56117