Michael E. Gainer v. Fife Symington Leonard J. Kirschner Jenny Bell

17 F.3d 394 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael E. GAINER, Plaintiff-Appellant, v. Fife SYMINGTON; Leonard J. Kirschner; Jenny Bell, et al., Defendants-Appellees. No. 93-15878. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 11, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Michael Gainer appeals pro se the district courts's summary judgment in favor of the defendants, in his 42 U.S.C. Sec. 1983 action. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review de novo, Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989), and affirm. 3 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 as to any material fact and the moving party is entitled to judgment as a matter of law. Id. There is no genuine issue of fact if, on the record taken as a whole, a rational trier…