Mike Hernandez v. Eddie Ylst

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mike HERNANDEZ, Plaintiff-Appellant, v. Eddie YLST, et al., Defendant-Appellee. No. 89-16297. United States Court of Appeals, Ninth Circuit. Submitted April 17, 1992. * Decided June 2, 1992. Before HUG, TANG and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Mike Hernandez appeals pro se the district court's judgment dismissing sua sponte his in forma pauperis action for damages against the Superintendent of the California Medical Facility and others. We have jurisdiction under 28 U.S.C. § 1291 . We reverse. 3 Hernandez's complaint alleged that the state officials refused to compensate him for work he performed at the Facility's law library for eight and a half months, although he was assigned to a pay position. He claimed that the failure to pay him amounted to a denial of his rights under the Fourteenth Amendment. The district court adopted the magistrate's findings and recommendations, allowing Hernandez…