Thomas Eugene Moore v. L. Donaldson, and J. Bowlen Roger C. Schaufel

97 F.3d 1460 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas Eugene MOORE, Plaintiff-Appellant, v. L. DONALDSON, Defendant-Appellee, and J. Bowlen; Roger C. Schaufel, Defendants. No. 95-15486. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1996. * Decided Sept. 13, 1996. Before: FLETCHER, BRUNETTI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Thomas E. Moore, a California state prisoner, appeals pro se the entry of judgment in favor of defendants after a jury trial in his 42 U.S.C. § 1983 action alleging the use of excessive force in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. §§ 636 (c) and 1291, and we affirm. 3 Moore contends that (1) he is entitled to a new trial because state prison officials failed to produce an inmate as a witness pursuant to a writ of habeas corpus ad testificandum; (2) the magistrate judge erred by failing to declare a mistrial; (3) the magistrate judge failed to grant a…