KATHY CLAY V. PAPIK, No. 16-56286 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED NOV 28 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT KATHY GLENN CLAY, Plaintiff-Appellant, U.S. COURT OF APPEALS No. 16-56286 D.C. No. 2:14-cv-06599-MRW v. MEMORANDUM* PAPIK, Peace Officer, Serial No. 4017, individual and official capacity, Defendant-Appellee. Appeal from the United States District Court for the Central District of California Michael R. Wilner, Magistrate Judge, Presiding** Submitted November 15, 2017*** Before: CANBY, TROTT, and GRABER, Circuit Judges. Kathy Glenn Clay appeals pro se from the district court’s judgment entered following a jury verdict in favor of defendant Papik in Clay’s 42 U.S.C. § 1983 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). excessive force action. We have jurisdiction under 28 U.S.C. § 1291. We affirm. Clay failed to preserve her challenge to the sufficiency of the evidence because Clay did not move for judgment as a matter of law either before or after the jury’s verdict. See Nitco Holding Corp. v. Boujikian, 491 F.3d 1086, 1089 (9th Cir. 2007) (“[T]o preserve a challenge to the sufficiency of the evidence to support the verdict in a civil case, a party must make two motions. First, a party must file a pre-verdict motion pursuant to Fed. R. Civ. P. 50(a). Second, a party must file a post-verdict motion for judgment as a matter of law or, alternatively, a motion for a new trial, under Rule 50(b).” (citations omitted)). AFFIRMED. 2 16-56286

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