Gary L. Jovanovich Frank R. Lapena v. Ron Angelone

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary L. JOVANOVICH; Frank R. Lapena, Plaintiffs-Appellants, v. Ron ANGELONE, Defendant-Appellee. No. 94-15015. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 14, 1995. Decided June 26, 1995. Before: SCHROEDER, BEEZER, and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Nevada state prisoners, Gary L. Jovanovich (no longer incarcerated) and Frank LaPena, appeal pro se the district court's summary judgment in favor of defendant prison officials in the prisoners' Sec. 1983 action alleging that their rights under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Secs. 201 et seq., were violated because they were not paid minimum wage for their work as inmate law clerks at Ely State Prison ("ESP"). Appellants argue that because they were (1) employed as inmate law clerks pursuant to the State's constitutional obligation to provide inmates with reasonable access to the legal system and (2) employed…