A FOR THE NINTH CIRCUIT
DANIEL WAYNE COOK, N0. 05-15036
` ( D.C. N0. CV-03-0l282-
Plaintiff - Appellant, DGC/EHC
V.
TERRY L. STEWART; etal., JUDGMENT
Defendants - Appellees.
Appeal from the United States District Court for the District of Arizona
(Phoenix). .
This cause came on to be heard on the Transcript of the Record from the
United States District Court for the District of Arizona (Phoenix) and was duly
submitted.
On consideration whereof it is now here ordered and adjudged by this
Court, that the judgment of the said District Court in this cause be, and hereby is
AFFIRMED.
Filed and entered 12/ 12/05 ‘
’E§;
PNT‘{{;I;-}_-‘ _ .
5: P·?Ri%5 2 2
‘ ‘- `
_ I. LT); I LH-
Case 2:03-cv—01282-DGC-LOA Document 29 Filed O4/13/2006 Page 1 of 3
. · »· ’ I `L Ji [ J}
. ‘ , ii FILED
NOT FOR PUBLICATION
. DEC 12 2005
UNITED STATES COURT OF APPEALS cA‘n-nv A. cArrERsoN c|.ERK
u.s. count- or Appéats
FOR THE NINTH CIRCUIT
DANIEL WAYNE COOK, No. 05-15036
Plaintiff - Appellant, D.C. No. CV-03-01282-DGC/EHC
v.
MEMORANDUMI
TERRY L. STEWART; et al.,
Defendants - Appellees. U
Appeal from the United States District Court
for the District of Arizona
Earl H. Carroll, District Judge, Presiding
Submitted December 5, 2005**
Before: GOODWIN, W. FLETCHER, FISHER, Circuit Judges.
Arizona state prisoner Daniel Wayne Cook appeals pro se the district
court’s summary judgment in favor of defendants in his 42 U.S.C. § 1983 action
A alleging violations of his right to due process in connection with the processing of
°° This disposition is not appropriate for publication and may not be
cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
M The panel tmanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Case 2:03-cv—O1282-DGC—LOA Document 29 Filed O4/13/2006 Page 2 of 3
or -_, YV -.. r ’ "`
I his prison administrative grievances and cruel and unusual punishment in
connection with the prison’s failure to provide him with shoes in half—sizes. We
have jurisdiction pursuant to 28 U.S.C. § 1291. Reviewing de novo, Clicks
Billiards, Inc. v. Sixshccters, Inc., 251 F.3d 1252, 1257 (9th Cir. 2001), We affirm.
The district court properly determined that Cook failed to raise a genuine
issue of material fact as to whether defendants denied him due process or access to
courts by rejecting his successive and duplicative administrative grievances
concerning the failure to process his health-needs requests seeking shoes in half
sizes. Cf Bradley v. Hall, 64 F.3d 1276, 1279 (9th Cir. 1995).
We do not consider the district court’s dismissal of Coo1<’s Eighth
Amendment claims because he failed to provide any argument in support of that
1 claim on appeal. See Martinez-Serrano v. lNS, 94 F.3d 1256, 1259-60 (9th Cir.
1996). »
AFFIRMED.
is r 5i?<‘i5 i
·r ; ~. -. t ¥ ·‘ t
` 1- IL., } C
7 t ·ne<·< 2
Case 2:03-cv—O1282-DGC—LOA Document 29 Filed O4/13/2006 Page 3 of 3
Case 2:03-cv-01282-DGC-LOA
Document 29
Filed 04/13/2006
Page 1 of 3
Case 2:03-cv-01282-DGC-LOA
Document 29
Filed 04/13/2006
Page 2 of 3
Case 2:03-cv-01282-DGC-LOA
Document 29
Filed 04/13/2006
Page 3 of 3
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms