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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 5 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FREDERICK MARC COOLEY, No. 16-16268 Plaintiff-Appellant, D.C. No. 2:10-cv-01138-RLH-NJK v. MEMORANDUM* R. LEUNG, P # 8556; E. LUDTKE, P # 9044, Defendants-Appellees. Appeal from the United States District Court for the District of Nevada Roger L. Hunt, District Judge, Presiding Submitted June 26, 2017** Before: PAEZ, BEA, and MURGUIA, Circuit Judges. Frederick Marc Cooley appeals pro se from a jury verdict for defendants in his
42 U.S.C. § 1983action alleging unlawful search and seizure. We have jurisdiction under
28 U.S.C. § 1291. We review for an abuse of discretion a district court’s formulation of the jury instructions, Jones v. Williams, 297 F.3d * 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). 930, 934 (9th Cir. 2002), and we affirm. The district court did not abuse its discretion in formulating the jury instructions, which fairly and adequately stated the law, covered the issues presented at trial, and were not misleading. See
id.(setting forth requirements for jury instructions); Brewer v. City of Napa,
210 F.3d 1093, 1097 (9th Cir. 2000) (rejection of theory-of-the-case instruction is not error where party is able to argue his or her theory to the jury and the theory is adequately covered by the other instructions). We reject as without merit Cooley’s allegations that the district court improperly interrupted his closing arguments. AFFIRMED. 2 16-16268
Document Info
Docket Number: 16-16268
Citation Numbers: 693 F. App'x 585
Judges: Paez, Bea, Murguia
Filed Date: 7/5/2017
Precedential Status: Non-Precedential
Modified Date: 11/6/2024