Brian S. Faile v. Franklin D. Master, M.D.

988 F.2d 118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian S. FAILE, Plaintiff-Appellant, v. Franklin D. MASTER, M.D., et al., Defendant-Appellee. No. 92-16143. United States Court of Appeals, Ninth Circuit. Feb. 24, 1993. Appeal from the United States District Court for the District of Nevada; No. CV-91-00929-LDG, Lloyd D. George, District Judge, Presiding. D.Nev. VACATED AND REMANDED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Brian S. Faile appeals pro se the district court's order denying his motion for a preliminary injunction and/or temporary restraining order based upon his 42 U.S.C. § 1983 claim of cruel and unusual punishment in violation of the Eighth Amendment. We hold that the district court based its decision upon factual findings that were clearly erroneous. Accordingly, we vacate the denial of Faile's motion and remand to the district court. 3 Faile asserts that the psychiatrist at the Southern Desert Correctional…