Lee v. Wiseman

Full title: Kenneth Duane LEE, Plaintiff-Appellant, v. WISEMAN, Chief Medical Officer…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 21, 2001

13 F. App'x 539 (9th Cir. 2001)

Opinion

13 Fed.Appx. 539 (9th Cir. 2001) Kenneth Duane LEE, Plaintiff-Appellant, v. WISEMAN, Chief Medical Officer; et al., Defendants-Appellees. No. 00-17062. D.C. No. CV-97-06015-OWW. United States Court of Appeals, Ninth Circuit. June 21, 2001

Submitted June 11, 2001 ^*.

* 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NOT FOR PUBLICATION.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 Eastern District of California Oliver W. Wanger, District Judge, Presiding.

Before O'SCANNLAIN, SILVERMAN, and GOULD, 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.

Kenneth Duane Lee, a California state prisoner, appeals pro se the district court's summary judgment for defendants in his action alleging excessive force and deliberate indifference. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the grant of summary judgment, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and affirm for the reasons stated by the magistrate judge's findings and recommendations dated July 14, 2000, and adopted by the district court's September 25, 2000, order.

Page 540.

Lee's remaining contentions have been considered and rejected.

On January 22, 2001, Lee was granted permission for funding under the Prison Litigation Reform Act, 28 U.S.C. § 1915. The Clerk shall amend the docket to reflect Lee's in forma pauperis status.

AFFIRMED.