Chester R. Sheppard v. Theo White, Warden State Prison of California at New Folsom Robert Buda, Correctional Officer

78 F.3d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Chester R. SHEPPARD, Plaintiff-Appellant, v. Theo WHITE, Warden State Prison of California at New Folsom; Robert Buda, Correctional Officer, Defendants-Appellees. No. 95-15694. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 4, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Chester R. Sheppard appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990). We affirm in part, vacate in part, and remand. 3 Sheppard contends defendants were deliberately indifferent to his safety when they placed him on the "AdSeg yard" with an inmate who had previously assaulted him. We disagree for…