Tyrone WALLACE, Plaintiff-Appellant, v. Richard TULL, Correctional Officer, Defendant-Appellee, 489 F. App'x 233

MEMORANDUM California state prisoner Tyrone Wallace appeals pro se from the district court’s

summary judgment in his 42 U.S.C. § 1983 action alleging excessive force under the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004). We affirm. The district court properly granted

summary judgment because Wallace failed to raise a genuine dispute of material fact as to whether the force was not applied in a good faith effort to restore prison discipline. See Whitley v. Albers, 475 U.S. 312, 319, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986); see also Karam v. City of Burbank, 352 F.3d 1188, 1194 (9th Cir.2003) (speculation as to defendant’s improper motive does not rise to the level of evidence sufficient to state a triable issue of fact). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.