Jesus T. Evangelista v. Larry Kincheloe

19 F.3d 1440 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jesus T. EVANGELISTA, Plaintiff-Appellant, v. Larry KINCHELOE; et al., Defendants-Appellees. No. 93-35853. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 14, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Jesus Evangelista, a Washington state prisoner, appeals pro se the district court's summary judgment in favor of defendant prison officials in Evangelista's 42 U.S.C. Sec. 1983 action alleging that he was sexually assaulted during his hemorrhoid operation. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review de novo, Jones v. Union Pac. R.R., 968 F.2d 937, 940 (9th Cir.1992), 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 that the moving party is entitled to judgment as a…