Eugene J. Hutch v. Floyd Werner, Aco III

9 F.3d 1551 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Floyd WERNER, ACO III, Defendant-Appellee. No. 92-16886. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1993. * Decided Oct. 22, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Eugene J. Hutch, a Hawaii state prisoner, appeals pro se the district court's judgment in his 42 U.S.C. § 1983 civil rights action alleging that he was assaulted by a corrections officer in violation of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Hutch contends that the district court erred in finding that he was not assaulted by a corrections officer and entering judgment in favor of the defendant on his Eighth Amendment claims. We disagree. A review of the record here reveals that the district court found that the testimony of Hutch and his witness was not credible in light of the testimony of…