Andrew John Walker v. H.L. Whitley, Charles L. Wolff, and Lynn Daily

972 F.2d 1348 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andrew John WALKER, Plaintiff-Appellant, v. H.L. WHITLEY, Charles L. Wolff, and Lynn Daily, Defendants-Appellees. No. 91-16398. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Aug. 28, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Andrew John Walker, a federal prisoner housed in Nevada, appeals pro se the district court's summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action. We dismiss this appeal for lack of jurisdiction. 3 Notices of appeal by pro se prisoners are deemed filed when delivered to prison authorities. See Houston v. Lack, 487 U.S. 266, 275 (1988). For Houston v. Lack to apply, a prisoner must deliver his notice of appeal to prison authorities so that authorities may post it through the prison log system. Miller v. Sumner, 921 F.2d 202, 203 (9th Cir.1990) (evidence that notice of appeal was mailed in…