William Roger Jones v. Kenneth Ducharme

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William Roger JONES, Plaintiff-Appellant, v. Kenneth DUCHARME, Defendant-Appellee. No. 88-4450. United States Court of Appeals, Ninth Circuit. Submitted Oct. 31, 1989. * Decided Dec. 7, 1989. Before BROWNING, SCHROEDER, and FLETCHER, Circuit Judges. 1 MEMORANDUM ** 2 Appellant William Roger Jones, an inmate at Washington State Reformatory (WSR), filed this action pursuant to 42 U.S.C. § 1983 , alleging prison officials violated his eighth amendment right against cruel and unusual punishment by declaring him eligible for double-bunking. He alleges the nature of his crime (murder and rape) and his status as an informer put him at so great a risk that WSR officials knew or should have known that double-bunking would impair his personal safety. The district court determined the action to be frivolous and dismissed the complaint and the action without prejudice pursuant to 28 U.S.C. § 1915 (d), stating…