Phillip A. Smith v. Tana Wood, Superintendent

21 F.3d 1115 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Phillip A. SMITH, Plaintiff-Appellant, v. Tana WOOD, Superintendent, et al., Defendants-Appellees. No. 93-35919. United States Court of Appeals, Ninth Circuit. Submitted March 24, 1994. * Decided March 29, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Phillip Smith, a Washington State prisoner, appeals pro se the district court's summary judgment against him in his 42 U.S.C. Sec. 1983 action alleging that prison officials violated his due process rights during a hearing for a disciplinary infraction. We review de novo the district court's grant of summary judgment, Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989). We have jurisdiction under 28 U.S.C. Sec. 1291 , and affirm. 3 On January 30, 1993, Defendant Taylor, a correctional officer, found a broken table leg in front of a cell. Defendants Wallingford and French found wood shavings on the floor of plaintiff's cell. During the…