Charlie Wheeler, Jr. v. Contra Costa County, Sheriff's Department

996 F.2d 1230 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charlie WHEELER, Jr., Petitioner-Appellant, v. CONTRA COSTA COUNTY, Sheriff's Department, et al., Respondents-Appellees. No. 92-16338. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided June 29, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Charlie Wheeler Jr., appeals pro se the district court's summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action, and the subsequent denial of his Fed.R.Civ.P. 60(b) motion for reconsideration. Wheeler contends that the defendants violated his Eighth Amendment rights by using excessive force against him. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court's grant of summary judgment de novo, Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989), and the denial of a Rule 60(b) motion for an abuse of discretion, Floyd v. Laws, 929 F.2d 1390, 1400 (9th Cir.1991).…