Sands v. Lewis

886 F.2d 1166 Royce Calvin SANDS, II, Petitioner-Appellant, v. Sam LEWIS, Director, ADOC; John McFarland, Assistant at ADOC; B.D. Goldsmith, Deputy Warden of the Central Unit; Major Terry, Head of Security at the Central Unit; Sgt. Beigenwald, Head of Security at the Central Unit; Jim Adams, Assistant Warden of Central Unit, Respondents-Appellees. No. 87-2629. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1989 * . Decided Sept. 29, 1989. Royce Sands, pro se, Tucson, Ariz., for petitioner-appellant. Thomas Prose, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellees. Appeal from the United States District Court for the District of Arizona. Before WALLACE and NOONAN, Circuit Judges, and ZILLY, ** District Judge. ORDER The opinion filed in this case on July 3, 1989, is withdrawn. OPINION WALLACE, Circuit Judge: 1 Sands appeals from the district court's dismissal, for failure to state a claim, of his action brought under 42 U.S.C. Sec. 1983 . The district court had jurisdiction pursuant to 28 U.S.C. Sec. 1343 (a)(3). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . We affirm in part, reverse in part, and remand. 2 * Sands, an…