Frank Valentin Hernandez v. Lawrence Kincheloe, Warden
Opinion
Opinion
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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank Valentin HERNANDEZ, Plaintiff-Appellant, v. Lawrence KINCHELOE, Warden, Defendant-Appellee. Nos. 92-35076, 92-35121. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 29, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Frank Valentin Hernandez, a Washington state prisoner, appeals pro se the district court's grant of summary judgment in favor of Washington State Prison Superintendent, Lawrence Kincheloe, in Hernandez' 42 U.S.C. § 1983 action. Hernandez contends that his civil rights were violated when non-trained prison staff members issued him infractions for violating prison rules based upon his race. He also contends that the district court erred by denying his motion for appointment of counsel. 1 We review de novo a grant of summary judgment. Crane v. Arizona Republic, 972 F.2d 1511, 1516 (9th Cir.1992). We have jurisdiction…