Anthel L. Brown v. Daniel D. Russell, Administrator, Corrections Division Jack McCormick Warden, Montana State Prison

Good Law
15 F.3d 1083·1993 WL 530433·1993 U.S. App. LEXIS 37454
United States Court of Appeals for the Ninth CircuitDecember 21, 199393-35436California531 words

Opinion

Opinion

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 L. BROWN, Plaintiff-Appellant, v. Daniel D. RUSSELL, Administrator, Corrections Division; Jack McCormick, Warden, Montana State Prison, Defendants-Appellees. No. 93-35436. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 21, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Anthel Levan Brown, an inmate at Montana State Prison, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action. We affirm. I. FACTS AND PRIOR PROCEEDINGS 3 During a nonroutine shakedown search of Brown's cell, prison authorities allegedly damaged his lamp. Brown sued under 42 U.S.C. Sec. 1983 , contending that the search deprived him of property without due process and violated his right to be free from unreasonable searches. After discovery, the district court granted the State's motion to dismiss Brown's action under F.R.C.P. 12(b)(6). Brown timely…

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