Summitt v. McFadden

87 F.3d 1322 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marlow Brent SUMMITT, Plaintiff-Appellant, v. James McFADDEN, Deputy Warden, Arizona State Prison-Florence, Eyman Complex-Special Management Unit; Samuel A. Lewis, Director of the Arizona Department of Corrections; V. Ruboyianes, Administrative Assistant III, Defendants-Appellees. No. 95-17076. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 14, 1996. Before: CANBY, JOHN T. NOONAN, JR., and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Marlow Brent Summitt, an Arizona state prisoner, appeals pro se the district court's judgment in favor of prison officials in Summitt's 42 U.S.C. § 1983 action. The district court dismissed 19 of Summitt's 22 claims as barred by the doctrine of res judicata and granted defendants' motion for summary judgment on the remaining claims. We have jurisdiction pursuant to 28 U.S.C. 1291. We affirm in part, reverse in part, and remand. I. Dismissal…