Hulen T. Harrell v. Daniel McCarthy Director, Department of Corrections

972 F.2d 1339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hulen T. HARRELL, Plaintiff-Appellant, v. Daniel McCARTHY, Director, Department of Corrections, Defendant-Appellee. No. 88-15481. United States Court of Appeals, Ninth Circuit. Submitted Aug. 20, 1992. * Decided Aug. 27, 1992. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Hulen Harrell, a California prisoner, appeals the dismissal of his section 1983 action. We reverse. 3 Harrell's complaint alleges that he and other black inmates at Soledad State Prison have been subjected to unnecessary lockdowns, in violation of the Eighth Amendment to the United States Constitution. He seeks declaratory and injunctive relief. Harrell sent his complaint to the court together with a petition to proceed in forma pauperis ("IFP") and a request for service of process by the United States Marshals. The district court filed the complaint, but did not issue process or explicitly rule on Harrell's…