Johnnie Cooper, Jr., AKA Bobby Smith v. Elaine Thomas

46 F.3d 1139 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Johnnie COOPER, JR., aka Bobby Smith, Plaintiff-Appellant, v. Elaine THOMAS, Defendant-Appellee. No. 94-35387. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 25, 1995. * Decided: Jan. 31, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Johnnie Cooper, Jr., a Washington state prisoner, appeals pro se the district court's summary judgment in favor of prison official Elaine Thomas in Cooper's 42 U.S.C. Sec. 1983 action. In his complaint, Cooper alleged that Thomas violated his constitutional rights by placing him in a more restrictive custody level. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review the grant of summary judgment de novo. Hopkins v. Andaya, 958 F.2d 881, 884 (9th Cir. 1992). We must determine whether the evidence, read in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue as to any…