Steven D. Irvin, Plaintiff-appellant, v. F. Ciauri; T.l. Esquival; Officer Brown; Officershockling, Defendants-appellees, 8 F.3d 27 (9th Cir. 1993)

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U.S. Court of Appeals for the Ninth Circuit - 8 F.3d 27 (9th Cir. 1993) Submitted Sept. 20, 1993. *Decided Oct. 8, 1993


Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges.

Steven D. Irvin, a California state prisoner, appeals pro se the district court's entry of summary judgment for the defendants in his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Harper v. Wallingford, 877 F.2d 728, 731 (9th Cir. 1989). Because there are material facts in dispute, we reverse and remand for further proceedings. See id.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4. Plaintiff's motion for oral argument and appointment of counsel is denied. Defendants' supplemental motion for an extension of time to file the answering brief is granted


This 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