Kirk R. Martin v. James R. Upchurch

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kirk R. MARTIN, Plaintiff-Appellant, v. James R. UPCHURCH, et al., Defendant-Appellee. No. 93-16907. United States Court of Appeals, Ninth Circuit. Submitted Sept. 13, 1995. * Decided Sept. 22, 1995. Before: HALL, KOZINSKI and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Kirk R. Martin, a former Arizona state prisoner, appeals pro se the district court's judgment in favor of defendant prison employees in his 42 U.S.C. Sec. 1983 action. Martin contends that the district court erred in granting defendants judgment on the pleadings on his claims that defendants (1) unlawfully terminated him from a prison job; (2) deprived him of procedural due process; (3) denied him access to the courts; and (4) subjected him to cruel and unusual punishment. Martin also argues that the district court erred in granting defendants summary judgment on his claim that he was retaliated against for pursuing legal remedies and for exercising…