Vincent Garcia v. Charles D. Marshall

59 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vincent GARCIA, Plaintiff-Appellant, v. Charles D. MARSHALL, et al., Defendants-Appellees. No. 94-16536. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Vincent Garcia appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 civil rights action against defendants Marshall, Leary, Lau, Astorga and Lovness alleging that the defendants violated his Eighth Amendment right to be free from cruel and unusual punishment by placing him in a cell with a rival gang member and denying him the use of a knee brace while he was in the Violence Control Unit ("VCU"). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm. 1 A. Deliberate Indifference to Safety 3 Garcia contends that the district…