Thomas Elgas, Jr. v. Ron Angelone

19 F.3d 26 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas ELGAS, Jr., Plaintiff-Appellant, v. Ron ANGELONE, et al., Defendants-Appellees. No. 93-16532. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 9, 1994. Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Elgas, Jr. appeals the district court's order granting the appellees' motion for summary judgment. In his first amended complaint, Elgas raised five claims. Claims I and II allege claims arising out of his transfer to a northern institution. Claim III alleges an Eighth Amendment violation based on his confinement to an unsuitable cell for 15 days. Claim IV alleges a First Amendment violation based on alleged violations of his right to use the inmate grievance procedure. Claim V alleges that claims I to IV were done as a conspiracy to deprive Elgas of constitutional rights. 3 Appellees' motion for summary judgment properly addresses the merits…