Charles W. Bellek v. Eastern Oregon Correctional Institution

51 F.3d 279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles W. BELLEK, Petitioner-Appellant, v. EASTERN OREGON CORRECTIONAL INSTITUTION, Respondent-Appellee. No. 94-35887. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided April 4, 1995. Before: SNEED, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Charles W. Bellek, an Oregon state prisoner, appeals pro se the district court's summary judgment for prison and Linn County officials in Bellek's 42 U.S.C. Sec. 1983 action. Bellek contends that his Eighth Amendment right to be free from cruel and unusual punishment was violated when the County defendants denied him a necessary hernia operation and that prison officials used harmful force in transporting him to the prison following his operation. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 1 3 Before entering summary judgment, district courts are obligated to advise pro se prisoner litigants of…