Anthel Lavan Brown v. Jack McCormick Gary Weer Dan Jones

89 F.3d 844 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Anthel Lavan BROWN, Plaintiff-Appellant, v. Jack McCORMICK; Gary Weer; Dan Jones, Defendants-Appellees. No. 95-35500. United States Court of Appeals, Ninth Circuit. Submitted April 22, 1996. * Decided April 29, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Anthel LaVan Brown, a Montana state prisoner, appeals the district court's judgment for defendants, after an evidentiary hearing before a magistrate judge, in Brown's 42 U.S.C. § 1983 action alleging violations of his procedural due process rights. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 "We defer to the district court's findings of fact unless they are clearly erroneous. We review the district court's legal conclusions de novo." Toussaint v. McCarthy, 801 F.2d 1080, 1087 (9th Cir.1986) (citations omitted), cert. denied, 481 U.S. 1069 (1987). 4 Brown contends that the district court erred by concluding…