Cedric Allen v. J. Figueroa, Correctional Officer

56 F.3d 70 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Cedric ALLEN, Plaintiff-Appellant, v. J. FIGUEROA, Correctional Officer, et al., Defendants-Appellees. No. 93-15848. United States Court of Appeals, Ninth Circuit. Submitted Dec. 12, 1994. * Opinion Filed April 21, 1995. Opinion Withdrawn May 19, 1995. Decided May 23, 1995. Before: BOOCHEVER, NORRIS, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Cedric Allen filed a district court action pro se and in forma pauperis under 42 U.S.C. Sec. 1983 , claiming that prison officials' actions in placing a potentially violent roommate in his cell and ignoring his warnings of danger violated the Eighth and Fourteenth Amendments. The district court dismissed Allen's claims for destruction of property and for the expunging of a prison report, and dismissed one of the defendants, before the complaint was served. After the government filed a the district court dismissed the complaint for failure to state a…