Eugene J. Hutch v. Department of Corrections John Doe Guard

993 F.2d 882 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eugene J. HUTCH, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS; John Doe Guard, et al., Defendants-Appellees. No. 90-16426. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 18, 1993. Before: BROWNING, KOZINSKI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Hawaii state prisoner Eugene J. Hutch appeals pro se the district court's dismissal under 28 U.S.C. § 1915 (d) of his 42 U.S.C. § 1983 action against prison officials. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 A party that does not object to a magistrate judge's report waives the right to challenge the magistrate judge's factual findings but retains the right to challenge the magistrate judge's conclusions of law. See Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir.1991). 4 Here, Hutch alleges that he never received the magistrate judge's report and recommendation and was unable to…