Brian S. Faile v. Franklin D. Master, M.D.

12 F.3d 1106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian S. FAILE, Plaintiff-Appellant, v. Franklin D. MASTER, M.D.; et al., Defendants-Appellees. No. 93-15756. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 6, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Brian S. Faile, a Nevada state prisoner, appeals pro se the district court's denial, on remand from this court, of his motion for a preliminary injunction or temporary restraining order based upon his 42 U.S.C. Sec. 1983 claim of cruel and unusual punishment in violation of the Eighth Amendment. Faile contends that the district court erred by (1) relying upon a report by defendant Franklin D. Master, M.D., the psychiatrist at the Southern Desert Correctional Center (SDCC), and (2) refusing to grant preliminary relief requiring Master to continue treating him with the drug Prozac. We have jurisdiction under 28 U.S.C. Sec. 1292…