Michael G. Hayes v. T. Forsyth

104 F.3d 365 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael G. HAYES, Plaintiff-Appellant, v. T. FORSYTH, Defendant-Appellee. No. 96-15657. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1996. * Decided Dec. 20, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Michael Hayes appeals pro se the district court's summary judgment in favor of T. Forsyth, a prison guard, in Hayes's 42 U.S.C. § 1983 action, alleging that he was subjected to cruel and unusual punishment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court's summary judgment, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990), and we affirm. A. Withholding of Meals 3 To the extent Hayes contends that Forsyth violated his constitutional rights by threatening and actually withholding Hayes's meals in retaliation to Hayes filing…