Salvatore Pellegrino v. J.P. Walker

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Salvatore PELLEGRINO, Plaintiff-Appellant, v. J.P. WALKER, Defendant-Appellee. No. 93-17183. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided June 28, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Salvatore Pellegrino, a California state prisoner, appeals pro se the district court's summary judgment for prison official J.P. Walker in Pellegrino's 42 U.S.C. Sec. 1983 action alleging that Walker violated his Eighth Amendment right by placing him in a prison cell with a suspected gang member. Pellegrino contends that the district court erred by granting summary judgment for Walker while Pellegrino's motion to compel discovery was pending. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 * Background 4 In 1982, while Pellegrino was in another prison, members of the Aryan Brotherhood ("AB") stabbed him repeatedly in…