Ed Avila Garcia v. Brian S. Gunn H. A. Rippetoe P. D. Washington P. Perkins D. v. Rothchild

46 F.3d 1141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ed Avila GARCIA, Plaintiff-Appellant, v. Brian S. GUNN; H. A. Rippetoe; P. D. Washington; P. Perkins; D. V. Rothchild, Defendants-Appellees. No. 94-55722. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 11, 1995. * Decided: Jan. 19, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Ed Avila Garcia, a California state prisoner, appeals pro se the district court's summary judgment in favor of the defendants, prison officials, in his 42 U.S.C. Sec. 1983 action. In his complaint, Garcia alleged that the defendants were deliberately indifferent to his Eighth Amendment right to be free from cruel and unusual punishment when they denied him access to out-of-cell exercise while he was in administrative segregation. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we reverse and remand. 3 Before entering summary judgment, district courts must provide pro se…