Fernando Jimenez v. Greg Cox

FILED

NOT FOR PUBLICATION MAY 30 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FERNANDO R. JIMENEZ, No. 09-15194

Plaintiff - Appellant, D.C. No. 3:05-CV-00638-LRH-

RAM

v.

GREG COX; GLEN WHORTON; E.K. MEMORANDUM*

MCDANIEL, Warden; ADAM ENDEL;

R. CHAMBLISS; CLAUDE WILLIS;

MARK DRAIN; NEVADA

DEPARTMENT OF CORRECTIONS;

HAROLD CURRY; MIKE SCHEEL,

Defendants - Appellees.

Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding

Argued and Submitted May 8, 2012 Pasadena, California

Before: D.W. NELSON, FISHER, and CHRISTEN, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Fernando Jimenez appeals the grant of summary judgment to prison officials

in his civil rights action pursuant to 42 U.S.C. § 1983. We have jurisdiction under

28 U.S.C. § 1291. We affirm summary judgment on Jimenez’s due process claim

but reverse and remand his First and Eighth Amendment claims…