Shawn P. Sweeney v. Robert L. Wright, Superintendent Harold Kupers

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Shawn P. SWEENEY, Plaintiff-Appellant, v. Robert L. WRIGHT, Superintendent; Harold Kupers, Defendants-Appellees. No. 95-35567. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 5, 1996. Before: PREGERSON, CANBY and HAWKINS, Circuit Judges. MEMORANDUM ** Shawn P. Sweeney, a Washington state prisoner, appeals pro se the district court's summary judgment in favor of state prison officials in his 42 U.S.C. § 1983 action alleging that his due process rights were violated at a prison disciplinary hearing held in his absence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate the district court's summary judgment because the district court failed to advise Sweeney of the requirements of Fed.R.Civ.P. 56, the summary judgment rule. See Arreola v. Mangaong, 65 F.3d 801, 802 (9th Cir.1995); Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir.1988). On remand,…