Loren R. Lusero v. Charles D. Marshall, Warden

999 F.2d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Loren R. LUSERO, Plaintiff-Appellant, v. Charles D. MARSHALL, Warden, Defendant-Appellee. No. 92-15894. United States Court of Appeals, Ninth Circuit. Submitted April 13, 1993. * Decided July 9, 1993. MEMORANDUM *** 1 Before CANBY and BRUNETTI, Circuit Judges, and JONES ** District Judge. 2 California state prisoner Loren Lusero appeals the district court's dismissal, sua sponte and before service of process, of his claims against state corrections officials arising from the officials' decision to place him in a segregated housing unit (SHU). We reverse and remand. BACKGROUND 3 Lusero was committed to California Corrections Department custody and sent to the state prison in Tehachapi. The prisoner classification committee determined that Lusero should be placed in a SHU rather than in the general prison population. The committee based its decision on a California prison regulation that authorizes corrections…