John E. Moss v. J.B. Williams, Correctional Lt.

83 F.3d 428 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John E. MOSS, Plaintiff-Appellant, v. J.B. WILLIAMS, Correctional Lt., Defendant-Appellee. No. 95-15778. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 26, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 John Evans Moss is an inmate at California's Pelican Bay State Prison. Proceeding pro se and in forma pauperis, he filed a complaint under 42 U.S.C. § 1983 alleging that the defendants violated his Eighth Amendment rights by (1) placing him in a cell with another inmate who was under investigation for nearly killing his previous cellmate, and (2) making him sleep in a top bunk despite his documented seizure disorder. Named as defendants were the California Department of Corrections, Charles D. Marshall, who is the Warden at Pelican Bay, and J.B. Williams, who is a Lieutenant at Pelican Bay. The district court dismissed the action pursuant to…