ROBERT LUMPKIN V. CITY OF KENT MUNICIPAL COURT, No. 11-35044 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 24 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ROBERT J. LUMPKIN, No. 11-35044 Plaintiff - Appellant, D.C. No. 2:09-cv-01014-RAJ v. MEMORANDUM * SERGEANT ARMSTRONG, City of Kent Correctional Facility Sergeant, Defendant - Appellee. Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding Submitted April 17, 2012 ** 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 11-35044

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