Paul Kolacek v. Samuel Lewis

Good Law
974 F.2d 1342·1992 WL 212154·1992 U.S. App. LEXIS 30640
United States Court of Appeals for the Ninth CircuitSeptember 1, 199292-15098California435 words

Opinion

Opinion

974 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul KOLACEK, Plaintiff-Appellant, v. Samuel LEWIS, Defendant-Appellee. No. 92-15098. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Sept. 1, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Paul Kolacek, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action. We review de novo, Noll v. Carlson, 809 F.2d 1446, 1447 (9th Cir.1987), and we affirm. 3 Kolacek contends that Samuel Lewis, the director of the Arizona Department of Corrections, violated his civil rights when Kolacek was transferred to Texas pursuant to an allegedly invalid detainer. Kolacek argues that the invalid detainer renders his subsequent Texas state conviction, which he is serving concurrently to his Arizona state conviction, invalid. This contention lacks merit. 4 If a state prisoner challenges the fact or duration of his…

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