Timothy E. Dess v. Jack McCormick

980 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Timothy E. DESS, Plaintiff-Appellant, v. Jack McCORMICK, et al., Defendants-Appellees. No. 92-35350. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Timothy Dess, a Montana state prisoner, appeals pro se the district court's grant of summary judgment for defendants in Dess's 42 U.S.C. § 1983 action alleging he was denied due process in connection with two disciplinary hearings. We review de novo. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990). We affirm in part and vacate and remand in part. 3 * First Disciplinary Hearing 4 On October 28, 1989, prison officials discovered a box of marijuana in Dess's prison cell. Following a disciplinary hearing, Dess was found guilty of drug possession, and was placed in detention for…