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Flores v. Madox

United States Court of Appeals, Ninth Circuit
Jul 29, 2002
43 F. App'x 55 (9th Cir. 2002)

Opinion


43 Fed.Appx. 55 (9th Cir. 2002) Isaac FLORES, Plaintiff-Appellant, v. Thomas MADOX; et al., Defendants-Appellees. No. 99-17237. D.C. No. CV-99-20185-RMW. United States Court of Appeals, Ninth Circuit. July 29, 2002

Submitted July 22, 2002.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Northern District of California

Page 56.

, Ronald M. Whyte, District Judge, Presiding.

Before BROWNING, KOZINSKI, and BERZON, Circuit Judges.

MEMORANDUM

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

Isaac Flores, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action alleging prison officials violated his rights when they placed him in administrative segregation due to his validation as a prison gang member. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, see Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam), and reverse and remand.

Because Flores was proceeding pro se, the district court should have explained the deficiencies of his complaint and provided him with an opportunity to allege facts that defendants' confidential information was unreliable in light of Zimmerlee v. Keeney, 831 F.2d 183, 186 (9th Cir.1987). See Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc).

We reject Flores' remaining contentions as meritless.

REVERSED and REMANDED.


Summaries of

Flores v. Madox

United States Court of Appeals, Ninth Circuit
Jul 29, 2002
43 F. App'x 55 (9th Cir. 2002)
Case details for

Flores v. Madox

Case Details

Full title:Isaac FLORES, Plaintiff-Appellant, v. Thomas MADOX; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 29, 2002

Citations

43 F. App'x 55 (9th Cir. 2002)