Dale Frank Maisano v. Angelo Daniels, Warden Chris Allen, Cso J. Lang, Sgt. Sgt. Newbrough

87 F.3d 1320 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dale Frank MAISANO, Plaintiff-Appellant, v. Angelo DANIELS, Warden; Chris Allen, CSO; J. Lang, Sgt.; Sgt. Newbrough, Defendants-Appellees. No. 95-16998. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Dale Frank Maisano appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994). We affirm in part, vacate in part, and remand. A. Maisano's Allegations 3 According to his complaint, Maisano was on his way to the prison law library on March 14, 1994 when Defendant Allen directed Maisano to return to his cell and shave. Maisano explained he could not shave due to a skin problem. He showed Allen a shaving waiver (permitting him…