NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 28 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT DONALD LILLY, No. 21-16114

Plaintiff-Appellant, D.C. No. 5:19-cv-07941-NC v.

MEMORANDUM* COUNTY OF HUMBOLDT; SHERIFF’S DEPARTMENT,

Defendants-Appellees.

Appeal from the United States District Court

for the Northern District of California

Nathanael M. Cousins, Magistrate Judge, Presiding**

Submitted June 15, 2022*** Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.

The responses to the October 5, 2021 order demonstrate that this appeal involves non-frivolous issues. The order to show cause is therefore discharged,

*

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). and Lilly’s motion to proceed in forma pauperis (Docket Entry No. 10) is granted. See 28 U.S.C. § 1915(a). The Clerk will amend the docket to reflect Lilly’s in forma pauperis status, and will file the reply brief received on November 8, 2021 (Docket Entry No. 8).

Donald Lilly, a former civil detainee at Humboldt County Correctional Facility, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging unconstitutional conditions of confinement. 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 Lilly failed to rebut defendants’ evidence of legitimate, non-punitive reasons for the conditions that Lilly described. See Bell v. Wolfish, 441 U.S. 520, 536-37 (1979) (holding that the government may subject an inmate to the general conditions of the facility so long as those conditions do not amount to punishment or otherwise violate the Constitution); Jones, 393 F.3d at 932 (maintaining jail security and effective jail management are legitimate, non-punitive governmental interests).

AFFIRMED.

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