Arthur Grady Garner v. Donald O'keefe, Sgt.

977 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Arthur Grady GARNER, Plaintiff-Appellant, v. Donald O'KEEFE, Sgt., et al., Defendant-Appellee. No. 91-16893. United States Court of Appeals, Ninth Circuit. Submitted Oct. 13, 1992. * Decided Oct. 20, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Arthur Grady Garner, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action. In his first amended complaint, Garner alleged that Lt. Hefner, a San Mateo County Jail Officer, stole $128.50 from his trust account. Garner also alleged that Sgt. O'Keefe, also a San Mateo County Jail Officer, subjected him to verbal abuse and threats and forced him to sleep on a cell floor while wearing leg restraints for two nights in violation of the eighth amendment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Garner contends that the district court erred in dismissing…