James Cello-Whitney, Jr. v. Gary McCracken

977 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James CELLO-WHITNEY, Jr., Plaintiff-Appellant, v. Gary McCRACKEN, Defendant-Appellee. No. 92-35276. United States Court of Appeals, Ninth Circuit. Submitted Oct. 13, 1992. * Decided Oct. 21, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 James Cello-Whitney, a Washington state prisoner and an experienced litigator in both this court and the district court, appeals pro se the dismissal of his 42 U.S.C. § 1983 action as frivolous or malicious under 28 U.S.C. § 1915 (d). In his action, Cello-Whitney alleges prison officials violated his eighth amendment rights by assigning him to an upper bunk bed despite his seizure disorder which requires him to be assigned to a lower bunk and giving him improper treatment for injuries he received when he suffered a seizure and fell from the bunk. The district court dismissed Cello-Whitney's action as a sanction after determining…