James Wilburn Menefield v. L. Stradley R. Bird

86 F.3d 1162 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Wilburn MENEFIELD, Plaintiff-Appellant, v. L. STRADLEY; R. Bird, Defendants-Appellees. No. 95-16609. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 James Menefield, a California state prisoner, appeals pro se the district court's grant of summary judgment in favor of defendants, employees of the California Correctional Institute (CCI), in this 42 U.S.C. § 1983 suit. Menefield asserts that Bird and Stradley had him transferred to Pelican Bay State Prison (PBSP) because he threatened to sue them for mistreating him. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo a district court's grant of summary judgment. Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994). "Summary judgment is appropriate if the evidence, read in the light most favorable…