Jimmie Earl Stephen v. K.W. Prunty, Chief Deputy Warden

Good Law
46 F.3d 1145·1995 WL 10841·1995 U.S. App. LEXIS 7325
United States Court of Appeals for the Ninth CircuitJanuary 11, 199594-56041California523 words

Opinion

Opinion

46 F.3d 1145 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jimmie Earl STEPHEN, Plaintiff-Appellant, v. K.W. PRUNTY, Chief Deputy Warden, et al., Defendants-Appellees. No. 94-56041. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Jan. 11, 1995. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Jimmie Stephen, a California state prisoner, appeals pro se the district court's order dismissing on res judicata grounds his 42 U.S.C. Sec. 1983 action alleging medical indifference to serious medical needs. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 In his complaint, Stephen alleged that prison officials and medical staff deprived him of "any and all medical necessities of life by their wrongdoings as to their actions from 3-3-94 and ongoing." The district court dismissed the complaint on res judicata grounds, finding that the complaint raised issues that had been litigated and decided in a…

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