Louis Butler O'Neal v. R. Ellison, Correctional Officer

15 F.3d 1088 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Louis Butler O'NEAL, Plaintiff-Appellant, v. R. ELLISON, Correctional Officer, Defendant-Appellee. No. 93-15693. United States Court of Appeals, Ninth Circuit. Submitted Jan. 4, 1994. * Decided Jan. 11, 1994. Before: REINHARDT, O'SCANNLAIN, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Louis Butler O'Neal appeals pro se the district court's summary judgment for correctional officer R. Ellison in O'Neal's 42 U.S.C. Sec. 1983 action. O'Neal alleged that Ellison used excessive force in violation of the Eighth Amendment when he fired a warning shot after seeing O'Neal and another inmate fighting. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review the district court's summary judgment de novo. Jones v. Union Pac. R.R., 968 F.2d 937, 940 (9th Cir.1992). Viewing the evidence in the light most favorable to the nonmoving party, we must determine whether there are any…