James L. Tatum v. Norman Carlson, Warden, and Lt. Mickey Ray

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James L. TATUM, Plaintiff-Appellee, v. Norman CARLSON, Warden, Defendant, and Lt. Mickey Ray, et al., Defendant-Appellant. No. 89-55742. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 4, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Mickey Ray, a defendant in this Bivens action 1 , appeals the district court's denial of his motion for summary judgment on the ground of qualified immunity. An order denying summary judgment on the basis of qualified immunity is appealable. Mitchell v. Forsyth, 472 U.S. 511, 530 (1985). We review de novo the district court's denial of a summary judgment motion based upon a qualified immunity defense. Alexander v. Perrill, 916 F.2d 1392, 1395 (9th Cir.1990). We affirm. 3 Plaintiff/appellee James Tatum was transferred from the hospital facility in El Reno, Oklahoma to the federal penitentiary in Lompoc, California.…