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Lumpkin v. Armstrong

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 24, 2012
472 F. App'x 755 (9th Cir. 2012)

Opinion

No. 11-35044 D.C. No. 2:09-cv-01014-RAJ

04-24-2012

ROBERT J. LUMPKIN, Plaintiff - Appellant, v. SERGEANT ARMSTRONG, City of Kent Correctional Facility Sergeant, Defendant - Appellee.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Western District of Washington

Richard A. Jones, District Judge, Presiding

Before: LEAVY, PAEZ, and BEA, Circuit Judges.

Former Washington state prisoner Robert J. Lumpkin appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging that he was unlawfully incarcerated between June 12, 2009 and July 8, 2009. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Cafasso v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1060 (9th Cir. 2011), and we affirm.

The district court properly granted summary judgment because Lumpkin failed to raise a genuine dispute of material fact as to whether he was unlawfully incarcerated between June 12, 2009 and July 8, 2009. See id. at 1061 ("[t]o survive summary judgment, a plaintiff must set forth non-speculative evidence of specific facts").

We do not consider issues and claims raised for the first time on appeal. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).

AFFIRMED.


Summaries of

Lumpkin v. Armstrong

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 24, 2012
472 F. App'x 755 (9th Cir. 2012)
Case details for

Lumpkin v. Armstrong

Case Details

Full title:ROBERT J. LUMPKIN, Plaintiff - Appellant, v. SERGEANT ARMSTRONG, City of…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 24, 2012

Citations

472 F. App'x 755 (9th Cir. 2012)