Carlos A. Gurry v. D. States

32 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carlos A. GURRY, Plaintiff-Appellant, v. D. STATES, Defendant-Appellee. No. 94-15127. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 15, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Nevada state prisoner Carlos Gurry appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Gurry claims that States, a corrections officer, violated his constitutional rights by being deliberately indifferent to a risk of physical harm posed by other inmates who assaulted Gurry when States momentarily left his post. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review de novo the district court's dismissal for failure to state a claim, Oscar v. University Students Co-operative Ass'n, 965 F.2d 783, 785 (9th Cir.) (en banc), cert. denied, 113 S.Ct. 655 (1992), and we…