Horatio Demarious SMITH, Plaintiff-Appellant, v. Chuck DAMON; et al., Defendants-Appellees, 177 F. App'x 673

MEMORANDUM A review of the record, the response to the court’s December 8, 2006 order to show cause and the opening brief indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). Accordingly, we summarily affirm the district court’s judgment. All pending motions are denied as moot. AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.