Nelson v. Marshall

Full title: Floyd H. NELSON; Charles A. Morris, Plaintiffs-Appellants, v. Charles D…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 6, 1997

129 F.3d 126 (9th Cir. 1997)

Opinion

129 F.3d 126 (9th Cir. 1997) Floyd H. NELSON; Charles A. Morris, Plaintiffs-Appellants, v. Charles D. MARSHALL, Warden, Joe McGrath and B.D. Birondo, Defendants-Appellees. No. 95-15631. United States Court of Appeals, Ninth Circuit November 6, 1997

Submitted November 4, 1997. ^**

** The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App. P. 34(a); 9th Cir. R. 34-4.

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the Northern District of California, No. CV-94-03285-CAL; Charles A. Legge, District Judge, Presiding.

Before: Chief Judge HUG, PREGERSON and BEEZER, Circuit Judges.

MEMORANDUM ^*

* The disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Floyd H. Nelson and Charles A. Morris, prisoners at Pelican Bay State Prison, appeal pro se the district court's dismissal of their 42 U.S.C. § 1983 action challenging the prison's new policy for the Security Housing Unit's law library. We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion the district court's 28 U.S.C. § 1915(d) dismissal. See Trimble V. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir.1995) (per curiam). We vacate the judgment and remand to the district court for consideration of the request: for a preliminary injunction. See Privitera v. California Bd. of Medical Quality Assurance, 926 F.2d 890, 897 (9th Cir.1991).

VACATED AND REMANDED.