Richard E. Gallo v. Sgt. Nirgiz Miller

983 F.2d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard E. GALLO, Plaintiff-Appellant, v. Sgt. Nirgiz MILLER, Defendant-Appellee. No. 91-15697. United States Court of Appeals, Ninth Circuit. Submitted Dec. 17, 1992. * Decided Jan. 4, 1993. Before HUG, PREGERSON and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 On March 12, 1990, plaintiff Richard Edison Gallo filed a civil rights complaint pursuant to 42 U.S.C. § 1983 . His complaint alleged that on or about November 5, 1989, at which time he was incarcerated in the Nevada State Prison in Carson City, Nevada, defendant Correctional Sergeant Miller stole $364.90 worth of personal property from Gallo. Defendant Miller denied this allegation and filed a motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). On March 28, 1991, the district court entered an amended judgment on the pleadings in favor of defendant. Gallo filed a timely notice of appeal under Houston v. Lack, 487 U.S. 266, 270 (1988).…