THOMAS E. CREECH, No. 22-35069

Plaintiff-Appellant, D.C. No. 1:20-cv-00114-DCN and OPINION GERALD ROSS PIZZUTO, Jr.,

Plaintiff,

v. JOSH TEWALT, Director, Idaho Department of Correction, in his official capacity; CHAD PAGE, Chief, Division of Prisons, Idaho Department of Correction, in his official capacity; TIM RICHARDSON, Warden of the Idaho Maximum Security Institution; UNKNOWN EMPLOYEES, AGENTS, OR CONTRACTORS OF THE IDAHO DEPARTMENT OF CORRECTION, in their official capacities,

Defendants-Appellees, and BRAD LITTLE, Idaho State Governor, in his official capacity,

Defendant.

Appeal from the United States District Court for the District of Idaho David C. Nye, Chief District Judge, Presiding

Argued and Submitted July 24, 2023 Seattle, Washington Before: Ronald M. Gould, Johnnie B. Rawlinson, and Mark J. Bennett, Circuit Judges.

Opinion by Judge Bennett BENNETT, Circuit Judge:

Plaintif