White v. Gomez

54 F.3d 786 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vancile A. WHITE, Jr., Petitioner-Appellant, v. James H. GOMEZ, Director, California Department of Corrections; George Smith, Warden, California State Prison at Corcoran, Respndents-Appellees. No. 94-55904. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 22, 1995. Before: WALLACE, Chief Judge, HUG, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Vancile A. White, Jr., a California state prisoner, appeals pro se (1) the district court's dismissal of his 42 U.S.C. Sec. 1983 claim for exposure to tuberculosis ("TB") against George Smith, Warden of the California State Prison at Corcoran, for failure to state a claim and (2) the district court's grant of defendants' motion for summary judgment on the remainder of White's section 1983 claims alleging that James Gomez, Director of the California Department of Corrections, and Warden Smith violated his Eighth Amendment rights by…