Perry A. McCullough v. Thomas Couris John White

97 F.3d 1459 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Perry A. McCULLOUGH, Plaintiff-Appellant, v. Thomas COURIS; John White, Defendants-Appellees. No. 95-15230. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. * Decided Sept. 26, 1996. Before: FLETCHER, BRUNETTI, and JOHN T. NOONAN, Jr., Circuit Judges. 1 MEMORANDUM ** 2 Perry A. McCullough, a federal prisoner, appeals pro se the district court's summary judgment in favor of defendants in his action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). McCullough alleged that defendants, the federal prosecutor and federal investigator involved in the prosecution of his criminal case, violated his rights to due process and equal protection during forfeiture proceedings. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate and remand. 3 The district court seems to have based its summary judgment dismissal on two separate grounds.…