Stephen Swartz v. Joseph Gallegos , 671 F. App'x 436 ( 2016 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 23 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
STEPHEN SWARTZ, No. 15-15876
Plaintiff-Appellant, D.C. No. 4:11-cv-00302-FRZ
v.
MEMORANDUM*
JOSEPH GALLEGOS,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, District Judge, Presiding
Submitted November 16, 2016**
Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.
Arizona state prisoner Stephen Swartz appeals pro se from the district
court’s judgment following a bench trial in his 42 U.S.C. § 1983 action alleging
excessive force while he was a pretrial detainee. We have jurisdiction under 28
U.S.C. § 1291. We affirm.
*
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).
We are unable to consider Swartz’s contentions that the district court erred
by entering judgment for Gallegos because Swartz failed to provide any portion of
the trial transcript. See Fed. R. App. P. 10(b)(2) (“If the appellant intends to urge
on appeal that a finding or conclusion is unsupported by the evidence or is contrary
to the evidence, the appellant must include in the record a transcript of all evidence
relevant to that finding or conclusion.”); 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)).
AFFIRMED.
2 15-15876