Frank J. Matylinsky, Jr. v. Carol Ployhar Sergeant Coleman

103 F.3d 139 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank J. MATYLINSKY, Jr., Plaintiff-Appellant, v. Carol PLOYHAR; Sergeant Coleman, Defendants-Appellees. No. 95-15794. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1996. * Decided Nov. 7, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Frank J. Matylinsky, Jr., a Nevada state prisoner, appeals pro se the district court's summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action. Matylinsky contends that the district court erred because: (1) prison officials violated his due process rights at a prison disciplinary hearing; (2) prison officials violated his Eighth Amendment rights by transferring him after the disciplinary hearing; and (3) the court denied him leave to file a second amended complaint. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse in part and affirm in part. 3 After a defendant files a motion…