DocketNumber: 14-36096
Citation Numbers: 670 F. App'x 488
Filed Date: 11/2/2016
Status: Non-Precedential
Modified Date: 1/13/2023
FILED NOT FOR PUBLICATION NOV 02 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BOBBY TUCKER; Z.T., a minor, No. 14-36096 Plaintiffs-Appellants, D.C. No. 2:13-cv-01566-BAT v. MEMORANDUM* SEATTLE HOUSING AUTHORITY; et al., Defendants-Appellees. Appeal from the United States District Court for the Western District of Washington Brian Tsuchida, Magistrate Judge, Presiding** Submitted October 25, 2016*** Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges. Bobby Tucker and his minor child, Z.T., appeal pro se from the district court’s summary judgment in their 42 U.S.C. § 1983 action alleging claims relating * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). ***The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). to their project-based Section 8 housing. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Jones v. Blanas,393 F.3d 918
, 926 (9th Cir. 2004), and we affirm. The district court properly granted summary judgment because appellants failed to raise a genuine dispute of material fact as to whether they were entitled to a grievance procedure and to remain on the housing wait list. See 42 U.S.C. § 1437f(o)(13)(J) (family retains place on waiting list only where family “rejects an offer of project-based assistance”); Moore v. Nw. Fabricators, Inc.,314 P.2d 941
, 942 (Wash. 1957) (“Abandonment, as applied to leases, involves an absolute relinquishment of premises by a tenant, consisting of act or omission and an intent to abandon.”); 24 C.F.R. § 983.256(f)(3)(ii) (“The term of the lease terminates if . . . [t]he tenant terminates the lease”); 24 C.F.R. § 983.261(d) (“If the family terminates the assisted lease before the end of one year, the family relinquishes the opportunity for continued tenant-based assistance.”). We do not consider new evidence introduced on appeal. See Kirshner v. Uniden Corp. of Am.,842 F.2d 1074
, 1077 (9th Cir. 1988). Appellants’ requests for appointment of counsel are denied. Appellants’ motion to expedite the case, filed on May 23, 2016, is granted. AFFIRMED. 2 14-36096