Joseph Deonn Horne v. J. RUTLEDGE, Correctional Officer;

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH DEONN HORNE,
Plaintiff - Appellant,
v.
J. RUTLEDGE, Correctional Officer; et
al.,
Defendants - Appellees.
No. 09-17378
D.C. No. 4:08-cv-01387-SBA
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Saundra B. Armstrong, District Judge, Presiding
Submitted September 22, 2010**
Before: WALLACE, HAWKINS and THOMAS, Circuit Judges.
The district court properly granted summary judgment on the excessive
force claim because Joseph Deonn Horne (“Horne”) failed to raise a triable issue as
to whether prison guards acted “maliciously and sadistically for the very purpose
FILED
OCT 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-17378 2
of causing harm” by using pepper spray after Horne repeatedly refused to comply
with orders to cease holding his blanket up to the cell door. Hudson v. McMillian,
503 U.S. 1, 6 (1992) (citation and internal quotation marks omitted).
Horne’s remaining contentions are unpersuasive.
AFFIRMED.

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