Brian S. Faile v. Michael Hope

24 F.3d 245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian S. FAILE, Plaintiff-Appellant, v. Michael HOPE, et al., Defendants-Appellees. No. 92-16328. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 14, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Nevada state prisoner Brian S. Faile appeals pro se the district court's summary judgement in favor of police officials in Faile's 42 U.S.C. Sec. 1983 action, alleging that his civil rights were violated when police officials used excessive force in arresting him, illegally searched his home and illegally seized his property. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand. 1 3 Before entering summary judgment, district courts are obligated to advise pro se prisoner litigants of the requirements for summary judgment under Fed.R.Civ.P. 56. Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir.1988) (per curiam). The district…