Eddie Lee Fain v. Jack Kerns R. Prigge

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eddie Lee FAIN, Plaintiff-Appellant, v. Jack KERNS; R. Prigge, Defendants-Appellees. No. 92-16236. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided March 1, 1993. Appeal from the United States District Court for the Eastern District of California, No. CV-88-01513-WBS(JFM); William B. Shubb, District Judge, Presiding. E.D.Cal. VACATED AND REMANDED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Eddie Fain, a California state prisoner, appeals pro se the district court's grant of summary judgment in his 42 U.S.C. § 1983 action against police officer R. Prigge and nurse A.J. Murray. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court's grant of summary judgment. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990). We we vacate in part and remand. 3 *…