Jerry Lattin v. Jack McCormick Warden Beverly Beck Curt Chisholm Mike Mahoney State of Montana

46 F.3d 1142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry LATTIN, Plaintiff-Appellee, v. Jack McCORMICK, Warden; Beverly Beck; Curt Chisholm; Mike Mahoney; State of Montana, Defendants-Appellants. No. 94-35029. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 9, 1995 * Decided: Jan. 12, 1995. Before: ALARCON and BRUNETTI, Circuit Judges, and KELLEHER, ** Senior District Judge MEMORANDUM *** Montana State Prison inmate Jerry Lattin filed this action pursuant to 42 U.S.C. Sec. 1983 contending that he was denied good time credits in violation of his Fourteenth Amendment right to due process. Warden Jack McCormick filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Rather than ruling on this motion, the district court sua sponte granted a motion for summary judgment in Lattin's favor. We reverse because we conclude the district court erred by failing to give McCormick notice that it intended to order summary…