Sullivan v. Borg

42 F.3d 1402 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Manse SULLIVAN, Plaintiff-Appellant, v. Robert Glenn BORG, Warden at Folsom State Prison; J.R. Depue, Associate Warden-Operations, Jack R. Reagan, Chief, Inmate Appeals Branch and E. McNair, Unit II Program Administrator, Defendants-Appellees. No. 94-15940. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 22, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Manse Sullivan, a California state prisoner, appeals pro se from the district court's grant of summary judgment in favor of the appellees in his 42 U.S.C. Sec. 1983 action. Sullivan contends that the district court erred by finding sua sponte that his Sec. 1983 suit was barred by the doctrine of res judicata. Specifically, Sullivan asserts in his Sec. 1983 complaint that prison officials violated his constitutional rights by improperly finding that he had attempted to incite other…