Charles Joseph Oltarzewski, Jr. v. Samuel Lewis, Director

967 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles Joseph OLTARZEWSKI, Jr., Plaintiff-Appellant, v. Samuel LEWIS, Director, et al., Defendants-Appellees. No. 91-16183. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 16, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Charles J. Oltarzewski, Jr., an Arizona state prisoner, appeals pro se the district court's grant of summary judgment in favor of the appellees in Oltarzewski's 42 U.S.C. § 1983 action. We affirm. 3 We review de novo the district court's grant of summary judgment. Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986). "The party moving for summary judgment has the burden of proving the absence of any genuine issue of material fact that would allow a judgment as a matter of law.... However, once the moving party demonstrates the absence of a genuine issue of material fact, the burden shifts to the nonmoving party to…