Paul Francis Lewis v. Department of Corrections

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul Francis LEWIS, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, et al., Defendants-Appellees. No. 94-15849. 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 Paul Francis Lewis, an Arizona state prisoner, appeals pro se the district court's summary judgment for prison officials in his 42 U.S.C. Sec. 1983 action alleging that living conditions within the prison are unconstitutional. Specifically, Lewis alleged that "cats, standing water and other vermin living under the [prison] dorms" creates living conditions which are "inconsistent with the adequate sanitation required by the Eighth Amendment." Lewis also alleged that these conditions have caused him to become "sick with a constant cough and headache." We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review the…