Robert Allen Walker v. Daniel Thalman Victor Rodriguez Eugene Pyle

67 F.3d 310 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Allen WALKER, Plaintiff-Appellant, v. Daniel THALMAN; Victor Rodriguez; Eugene Pyle, Defendant-Appellees. No. 94-35779. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 12, 1995. Decided Sept. 27, 1995. 1 Before: SCHROEDER, REINHARDT and FERNANDEZ, Circuit Judges 2 MEMORANDUM * 3 Oregon state prisoner Robert Allen Walker appeals a jury's verdict against him in his Sec. 1983 action alleging that prison guards beat him. He also appeals the district court's pretrial dismissal of one defendant whom it found entitled to qualified immunity. We affirm. DISCUSSION 1. 404(b) Evidence 4 At trial, the district court admitted various items of evidence tending to show that Walker had a history of injuring himself while in prison in an attempt to gain transfers. Federal Rule of Evidence 404(b). We affirm. 5 Under Rule 404(b), other act evidence is admissable for purposes other than showing a…