Tony A. Luca v. Augustine Gonzalez

15 F.3d 1086 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tony A. LUCA, Plaintiff-Appellant, v. Augustine GONZALEZ, et al., Defendants-Appellees. No. 93-15470. United States Court of Appeals, Ninth Circuit. Submitted Jan. 18, 1994. * Decided Jan. 25, 1994. Before: REINHARDT, O'SCANNLAIN, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Tony Luca appeals pro se the district court's dismissal of defendant James Gallagher from his 42 U.S.C. Sec. 1983 action for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Luca claims that Corrections Officer Gallagher violated his Eighth Amendment rights by acting with deliberate indifference to his serious medical needs when Gallagher assigned him to a work detail that threatened to aggravate an undocumented hernia condition. We have jurisdiction under Fed.R.Civ.P. 54(b). We review de novo, Oscar v. University Students Cooperative Ass'n, 965 F.2d 783, 785 (9th Cir.) (en banc), cert. denied, 113 S.Ct.…