Lucious Wilson v. Deputy Cosio

676 F. App'x 711

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 26, 2017
• Docket: 15-56535
• Status: Unpublished

Opinion

MEMORANDUM **

Lucious Wilson, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging a Fourth Amendment excessive force claim arising from his arrest. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Glenn v. Washington County, 673 F.3d 864, 870 (9th Cir. 2011). We affirm.

The district court properly granted summary judgment because Wilson failed to raise a genuine dispute of material fact as to whether defendant’s use of less-lethal force to disarm Wilson and effectuate his arrest violated Wilson’s Fourth Amendment rights. See Lal v. California, 746 F.3d 1112, 1115, 1117 (9th Cir. 2014) (setting forth framework for analyzing an excessive force claim under the Fourth Amendment); see also Glenn, 673 F.3d at 871-72 (explaining circumstances under which a bean bag gun, which is a “ ‘less-lethal’ weapon,” is permissible).

The district court did not abuse its discretion by denying Wilson’s motion for default judgment because the clerk never entered a default. See Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986) (setting forth standard of review and factors to consider before entering default judgment).

To the extent that Wilson’s request, filed on June 3,2016, seeks entry of default, the request is denied.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.