Monroe Jones v. Daniel B. Vasquez, Warden K.L. Wittrock

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Monroe JONES, Plaintiff-Appellant, v. Daniel B. VASQUEZ, Warden, et al.; K.L. Wittrock, Defendants-Appellees. No. 92-16765. United States Court of Appeals, Ninth Circuit. Submitted Feb. 10, 1994. * Decided March 7, 1994. 1 Before: HUG, FARRIS, and O'SCANNLAIN, Circuit Judges 2 MEMORANDUM ** 3 Plaintiff Monroe Jones appeals the district court's entry of summary judgment in favor of defendant Officer K.L. Wittrock in Jones' 42 U.S.C. Sec. 1983 action. We have jurisdiction over plaintiff's appeal under 28 U.S.C. Sec. 1291 . We affirm. 4 We review the district court's granting of summary judgment de novo. Tzung v. State Farm Fire & Cas. Co., 873 F.2d 1338, 1339 (9th Cir.1989). Summary judgment is appropriate if the evidence, when construed in the light most favorable to the nonmoving party shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of…