Anthel Lavan Brown v. Jack McCormick Warden

15 F.3d 1083 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Anthel Lavan BROWN, Plaintiff-Appellant, v. Jack McCORMICK, Warden, et al., Defendant-Appellee. No. 93-35259. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 6, 1994. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Anthel LaVan Brown, a Montana state prisoner, appeals pro se the district court's summary judgment in favor of defendant prison officials in Brown's 42 U.S.C. Sec. 1983 civil rights action. Brown claims that his due process rights were violated in a disciplinary action taken against him. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 We review de novo the grant of summary judgment. Hopkins v. Andaya, 958 F.2d 881, 884 (9th Cir.1992). A grant of summary judgment should be affirmed only if the evidence, read in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue of…