Charles W. Thompson v. Wayne E. Estelle

990 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles W. THOMPSON, Plaintiff-Appellant, v. Wayne E. ESTELLE, et al., Defendants-Appellees. No. 92-55229. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 24, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Charles W. Thompson, a California State prisoner, appeals pro se the district court's summary judgment for defendants in his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, vacate in part and remand. 3 * Standard of Review 4 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). Summary judgment is appropriate if the evidence, construed in the light most favorable to the nonmoving party, shows that there is no genuine issue as to any…