Robert J. LUMPKIN, Plaintiff-Appellant, v. Sergeant ARMSTRONG, City of Kent Correctional Facility Sergeant, Defendant-Appellee, 472 F. App'x 755

MEMORANDUM Former Washington state prisoner Robert J. Lumpkin appeals pro se from the district court’s

summary judgment in his 42 U.S.C. § 1983 action alleging that he was unlawfully incarcerated between June 12, 2009 and July 8, 2009. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Cafasso v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1060 (9th Cir.2011), and we affirm. The district court properly granted

summary judgment because Lumpkin failed to raise a genuine dispute of material fact as to whether he was unlawfully incarcerated between June 12, 2009 and July 8, 2009. See id. at 1061 (“[t]o survive

summary judgment, a plaintiff must set forth non-speculative evidence of specific facts”). We do not consider issues and claims raised for the first time on appeal. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.