James Gregory Castillo v. Nancy Hartzell

Good Law
983 F.2d 1075·1993 WL 6560·1993 U.S. App. LEXIS 5713
United States Court of Appeals for the Ninth CircuitJanuary 15, 199392-35399California848 words

Opinion

Opinion

983 F.2d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Gregory CASTILLO, Plaintiff-Appellant, v. Nancy HARTZELL, Defendant-Appellee. No. 92-35399. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 15, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 James Gregory Castillo, a Washington state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915 (d). The district court found that Castillo's amended complaint failed to show that the defendant, a registered nurse employed at the Washington State Penitentiary, was deliberately indifferent to Castillo's serious medical needs. Castillo contends that the district court abused its discretion by dismissing his eighth amendment claim. We have jurisdiction under 28 U.S.C. § 1291 . See McGuckin v. Smith, 974 F.2d 1050, 1053-54 (9th Cir.1992). 1 We review for an…

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