Cedric R. Allen v. Charles D. Marshall

37 F.3d 1504 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Cedric R. ALLEN, Plaintiff-Appellant, v. Charles D. MARSHALL, et al., Defendant-Appellee. No. 92-16753. United States Court of Appeals, Ninth Circuit. Submitted May 9, 1994. * Decided Sept. 27, 1994. 1 Before: POOLE and REINHARDT, Circuit Judges, and TAKASUGI, ** District Judge. 2 MEMORANDUM *** 3 Cedric R. Allen, an inmate at California's Pelican Bay State Prison (Pelican Bay), appeals pro se the district court's partial summary judgment in favor of Pelican Bay's warden Charles D. Marshall, and partial dismissal in favor of Dr. Martis, a prison physician, in his 42 U.S.C. Sec. 1983 action. Allen challenges the constitutionality of (1) prison officials' use of mechanical restraints while Allen was in an infirmary cell, and (2) the medical treatment he has received for back pain and rectal bleeding. We affirm the district court's grant of summary judgment, and reverse and remand the district court's 28 U.S.C.…