David W. Landrum v. Al Gomez

37 F.3d 1505 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David W. LANDRUM, Plaintiff-Appellee, v. Al GOMEZ, et al., Defendant-Appellant. No. 92-15073. United States Court of Appeals, Ninth Circuit. Submitted May 13, 1994. * Decided Oct. 5, 1994. Before: GOODWIN, POOLE, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Al Gomez, warden of the California state prison at Avenal, appeals the district court's denial of his summary judgment motion asserting qualified immunity in this 42 U.S.C. Sec. 1983 action brought pro se by state prisoner David Landrum. In his action, Landrum contended that Gomez violated his constitutional right to marry by proxy. We affirm. 3 * On June 6, 1989, Landrum, a California state prisoner housed at Deuel Vocational Institution, requested a transfer to Avenal State Prison to marry an inmate, Debbie Flanary, who was housed there. The warden at Deuel told him that there was no provision for inmates to marry other inmates. Gomez, the warden at…