Eric J. Holden v. Russell Babcock, Dianne Cooper, and Samuel Trivette

57 F.3d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eric J. HOLDEN, Plaintiff-Appellant, v. Russell BABCOCK, Dianne Cooper, and Samuel Trivette, Defendants-Appellees. No. 93-35414. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 8, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Eric Jay Holden, an Alaska state prisoner, appeals (1) the district court's dismissal of his claim against Russell Babcock for malicious prosecution; and (2) the district court's grant of summary judgment for the remaining defendants. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 * Background 4 While Holden was out of prison on parole, he was tried and acquitted on a rape charge. Babcock was the district attorney who prosecuted the case. Following Holden's acquittal, Babcock contacted Dianne Cooper, Holden's parole officer, and worked with Cooper to initiate proceedings to revoke Holden's parole. Babcock…