Ingram v. Quintana, 060117 FED9, 15-56454

Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
Judge Panel:Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, Circuit Judges.
Party Name:CURTIS CLIFFORD INGRAM, Plaintiff-Appellant, v. QUINTANA, Deputy, #524044, individual and official capacity; et al., Defendants-Appellees.
Case Date:June 01, 2017
Docket Nº:15-56454
 
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CURTIS CLIFFORD INGRAM, Plaintiff-Appellant,

v.

QUINTANA, Deputy, #524044, individual and official capacity; et al., Defendants-Appellees.

No. 15-56454

United States Court of Appeals, Ninth Circuit

June 1, 2017

         NOT FOR PUBLICATION

          Submitted May 24, 2017 [**]

         Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding D.C. No. 2:11-cv-09428-DOC-OP

          Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, Circuit Judges.

          MEMORANDUM [*]

         Curtis Clifford Ingram, a California state prisoner, appeals pro se from the district court's judgment following a jury verdict in favor of defendants in Ingram's 42 U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

         Ingram waived his challenge to the admissibility of the prior conviction evidence by introducing the evidence at trial, after he previously failed on a motion in limine to exclude it. See McCollough v. Johnson, Rodenburg & Lauinger, LLC, 637 F.3d 939, 954 (9th Cir. 2011) ("A party's preemptive use of evidence at trial before its introduction by the opposing party constitutes a waiver of the right to challenge the admissibility of the evidence on appeal.").

         We do not consider arguments raised for the first time on appeal. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).

         We reject as without merit Ingram's contention that the district court lacked subject matter jurisdiction.

         We do not consider documents not filed with the district court. See United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) ("Documents or facts not presented to the district court are not...

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