Angel Ortiz Diamond v. J. Jackson J. Ludwig

46 F.3d 1140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Angel Ortiz DIAMOND, Plaintiff-Appellant, v. J. JACKSON; J. Ludwig, et al., Defendants-Appellees. No. 94-15488. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Jan. 10, 1995. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Angel Ortiz Diamond appeals pro se the district court's judgment after a jury trial in favor of the defendants in his 42 U.S.C. Sec. 1983 action. On appeal, Diamond has requested leave to proceed in forma pauperis. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We conclude that because Diamond failed to provide the trial transcript as required by Fed.R.App.P. 10(b)(2), his appeal is frivolous. Therefore, we deny Diamond's request for leave to proceed in forma pauperis and we dismiss his appeal. 3 In his complaint, Diamond alleged that California Department of Corrections employee Officer Eric Messick was deliberately indifferent…