Jerome Stanley v. J.D. Swinson, Warden Flossie Jackson, (r.n.)

47 F.3d 1176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerome STANLEY, Plaintiff-Appellant, v. J.D. SWINSON, Warden; Flossie Jackson, (R.N.), Defendants-Appellees. No. 93-16078. United States Court of Appeals, Ninth Circuit. Submitted Dec. 15, 1994. * Decided Feb. 6, 1995. Before: HUG, CANBY, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Stanley is a federal prisoner who brought a 42 U.S.C. Sec. 1983 action to enjoin prison authorities from forcing his participation in a study of Human Immunodeficiency Virus ("HIV") transmission in prisons. As part of the study, Stanley must undergo a blood test for HIV every six months. Stanley claims that the forced testing violates federal regulations against research on prisoners without their consent, as well as his Fourth and Fifth Amendment rights. Stanley appeals from the district court's denial of his request for a preliminary injunction against the testing. 3 We have jurisdiction pursuant to 28 U.S.C. Sec. 1292…