Raymond C. Stokes v. Ben Foster

39 F.3d 1188 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raymond C. STOKES, Plaintiff-Appellant, v. Ben FOSTER, Defendant-Appellee. No. 94-35439. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 31, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Raymond C. Stokes, a Washington state prisoner, appeals pro se the district court's summary judgment for defendant, Washington state correctional officer Ben Foster, in Stokes' 42 U.S.C. Sec. 1983 action. Stokes alleged that Foster used excessive force against Stokes constituting cruel and unusual punishment. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 "A grant of summary judgment is reviewed de novo to determine, viewing the evidence in the light most favorable to the nonmoving party, whether there exist any genuine issues of material fact and whether the district court correctly applied the relevant substantive law." Nishimoto v.…