Bwana Million v. Charles D. Marshall, Warden

Good Law
996 F.2d 1226·1993 WL 230183·1993 U.S. App. LEXIS 22000
United States Court of Appeals for the Ninth CircuitJune 28, 199391-16439California453 words

Opinion

Opinion

996 F.2d 1226 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bwana MILLION, Plaintiff-Appellant, v. Charles D. MARSHALL, Warden, et al., Defendant-Appellee. No. 91-16439. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided June 28, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Bwana Million appeals pro se the district court's summary judgment 1 in favor of Warden Charles D. Marshall of the Pelican Bay State Prison (PBSB) and other correctional officials, alleging that they used excessive force in removing him from his cell in violation of his eighth amendment right to be free from cruel and unusual punishment. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand. 3 We review de novo the grant of summary judgment. Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989). Before entering summary judgment, district courts are obligated to advise pro se prisoner litigants of the requirements…

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