Mitchell Harrell Jackson, Plaintiff-appellant, v. Chavez, Cso; Cheatham, Sgt.; Art Rubin, Cpo Ii; Tomhouse, Deputy Warden, Defendants-appellees, 85 F.3d 635 (9th Cir. 1996)

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US Court of Appeals for the Ninth Circuit - 85 F.3d 635 (9th Cir. 1996) Submitted April 30, 1996. *Decided May 6, 1996

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

MEMORANDUM^**

Mitchell Harrell Jackson, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of defendant prison officials in his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. Since the record contains no indication that the district court advised Jackson of the requirements of Fed. R. Civ. P. 56 before entering summary judgment, we vacate the summary judgment and remand the case to the district court for further proceedings. See Arreola v. Mangaong, 65 F.3d 801, 802 (9th Cir. 1995); Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988).

VACATED AND REMANDED.

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

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

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