Howard William Flowers, Plaintiff-appellant, v. Chase Riveland; Daniel Assink, Defendants-appellees, 85 F.3d 635 (9th Cir. 1996)

Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges.

MEMORANDUM^** 

Howard William Flowers, a Washington state prisoner, appeals pro se the district court's summary judgment in favor of state prison officials in his 42 U.S.C. § 1983 action alleging that his due process rights were violated when he was involuntarily reclassified as a mentally ill offender and transferred from the Washington State Penitentiary to the Mental Health Program at McNeil Island Correctional Center. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate the district court's summary judgment because the district court failed to advise Flowers of the requirements of Fed. R. Civ. P. 56, the summary judgment rule. See Arreola v. Mangaong, 65 F.3d 801, 802 (9th Cir. 1995); Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). On remand, the district court shall advise Flowers accordingly.

VACATED AND REMANDED.