Timothy Lee Hurley v. J.H. Crabtree, Warden Wait, Manager Thompson, Case Manager Joens, Counselor

89 F.3d 845 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Timothy Lee HURLEY, Plaintiff-Appellant, v. J.H. CRABTREE, Warden; Wait, Manager; Thompson, Case Manager; Joens, Counselor, Defendants-Appellees. No. 95-35467. United States Court of Appeals, Ninth Circuit. Submitted April 30, 1996. * Decided May 3, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. MEMORANDUM ** Timothy Hurley, a federal prisoner at the time summary judgment was entered, appeals pro se the district court's summary judgment for prison officials in his 42 U.S.C. § 1983 action alleging that defendants were deliberately indifferent to his medical needs by exposing him to environmental tobacco smoke ("ETS") when they housed him with smoking cellmates. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court's grant of summary judgment, McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir.1992), and vacate and remand. "District courts are obligated to…