Hernandez

927 F.2d 609 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mike HERNANDEZ, Plaintiff-Appellant, v. George S. WHITING; Steven Tate, Defendants-Appellees. No. 88-6743. United States Court of Appeals, Ninth Circuit. Submitted Dec. 7, 1990. * Decided Feb. 28, 1991. Appeal from the United States District Court for the Central District of California; No. CV-88-6291-WJR, William J. Rea, District Judge, Presiding. C.D.Cal. AFFIRMED. Before FARRIS, CYNTHIA HOLCOMB HALL and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Mike Hernandez appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action. Hernandez alleges he was forced to eat food that contained heroin while incarcerated in the San Luis Obisbo County Jail, in violation of various constitutional protections. On appeal, Hernandez argues that the district court erred in dismissing his action as frivolous pursuant to 28 U.S.C. Sec. 1915 (d). We affirm. 3 We review de novo a district…