James M. Stowers v. Rob Roberts

9 F.3d 1553 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 M. STOWERS, Plaintiff-Appellant, v. Rob ROBERTS, et al., Defendant-Appellee. No. 92-17074. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1993. * Decided Nov. 10, 1993. Before: WRIGHT, GOODWIN and HUG, Circuit Judges. 1 MEMORANDUM ** 2 James Stowers appeals the district court's grant of summary judgment against him in his Bivens action. He argued that his Fifth Amendment due process rights were violated when the defendants haphazardly investigated and found him guilty of unauthorized drug use while in prison. We have jurisdiction under 18 U.S.C. § 1291 . We have taken judicial notice, as requested by Stowers under 28 U.S.C.Rule 201, of the fact that the defendants have filed neither a reply brief nor a statement indicating that a brief would not be filed. We affirm for the reasons cited by the district judge in his opinion of November 10, 1992. 3 We review de novo a grant of summary…