Artis Frederick v. Joseph Britcher

967 F.2d 586 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Artis FREDERICK, Plaintiff-Appellant, v. Joseph BRITCHER, Defendant-Appellee. No. 91-35810. United States Court of Appeals, Ninth Circuit. Submitted June 24, 1992. * Decided July 2, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Artis Frederick, a Washington state prisoner, appeals pro se the district court's summary judgment in favor of Joseph Britcher, a prison serving line cook, in Frederick's 42 U.S.C. § 1983 action. Frederick contends that the district court erred in finding that Britcher was not liable under section 1983 because he was at most negligent in serving Frederick pork, a meat that Frederick was allergic to and could not eat under his religion. Frederick also claims that the district court abused its discretion by denying his motion to amend his complaint. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review the district court's grant…