Lisa Colmery-Pinkerton v. Joshua Carrasco , 698 F. App'x 376 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LISA ANN COLMERY-PINKERTON, No. 16-56099
Plaintiff-Appellant, D.C. No. 5:13-cv-01928-JFW-PLA
v.
MEMORANDUM*
JOSHUA CARRASCO, Deputy, individual
and official capacity,
Defendant-Appellee.
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Lisa Ann Colmery-Pinkerton appeals pro se from the district court’s
judgment following a jury trial in her 42 U.S.C. § 1983 action alleging unlawful
detention, unlawful search of her person and vehicle, and excessive force in
violation of the Fourth Amendment. We have jurisdiction under 28 U.S.C. § 1291*
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).
and we affirm.
We are unable to consider Colmery-Pinkerton’s challenge to the jury verdict
based upon alleged false testimony because Colmery-Pinkerton failed to provide
any portion of the trial transcript. See Fed. R. App. P. 10(b)(2); 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)).
We do not consider matters not properly raised before the district court, or
matters not specifically and distinctly raised and argued in the opening brief. See
Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
We do not consider documents not presented to the district court because
they are not part of the record on appeal. United States v. Elias, 921 F.2d 870, 874
(9th Cir. 1990).
AFFIRMED.
2 16-56099