Brian Patrick Hern v. Larry Adamson

Ninth Circuit

Brian Patrick Hern v. Larry Adamson

967 F.2d 586, 1992 U.S. App. LEXIS 24014, 1992 WL 144462

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 26, 1992

Docket91-16154

StatusUnpublished

This text of 967 F.2d 586 (Brian Patrick Hern v. Larry Adamson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brian Patrick Hern v. Larry Adamson, 967 F.2d 586, 1992 U.S. App. LEXIS 24014, 1992 WL 144462 (9th Cir. 1992).

Pincite

Opinion

967 F.2d 586

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Brian Patrick HERN, Plaintiff-Appellant,
v.
Larry ADAMSON, et al., Defendants-Appellees.

No. 91-16154.

United States Court of Appeals, Ninth Circuit.

Submitted June 23, 1992.*
Decided June 26, 1992.

Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges.

MEMORANDUM**

Brian Patrick Hern, a Nevada state prisoner, appeals pro se the dismissal of his civil rights action against prison authorities. Hern contends that the district court erred by refusing to permit him to withdraw from a civil rights action in which he was one of several plaintiffs and file an individual complaint against many of the same defendants. We have jurisdiction under 28 U.S.C. § 1291 to review the dismissal of the individual complaint, and we affirm.

Hern was one of the plaintiffs in Schultz v. Procunier, No. CV-N-90-0511-ECR, a consolidated civil rights action in which the plaintiff prisoners claimed that Nevada prison authorities violated their constitutional rights by requiring them to submit to drug tests based on their identification as members of a "white brotherhood" involved in drug trafficking. Hern's individual complaint in No. CV-91-0253-ECR raised similar claims about the drug testing. Accordingly, the district court did not err by dismissing the individual action because another action involving the same subject matter was pending.

AFFIRMED.

*

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

Free access — add to your briefcase to read the full text and ask questions with AI

967 F.2d 586

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Brian Patrick HERN, Plaintiff-Appellant,
v.
Larry ADAMSON, et al., Defendants-Appellees.

No. 91-16154.

United States Court of Appeals, Ninth Circuit.

Submitted June 23, 1992.*
Decided June 26, 1992.

Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges.

MEMORANDUM**

Brian Patrick Hern, a Nevada state prisoner, appeals pro se the dismissal of his civil rights action against prison authorities. Hern contends that the district court erred by refusing to permit him to withdraw from a civil rights action in which he was one of several plaintiffs and file an individual complaint against many of the same defendants. We have jurisdiction under 28 U.S.C. § 1291 to review the dismissal of the individual complaint, and we affirm.

Hern was one of the plaintiffs in Schultz v. Procunier, No. CV-N-90-0511-ECR, a consolidated civil rights action in which the plaintiff prisoners claimed that Nevada prison authorities violated their constitutional rights by requiring them to submit to drug tests based on their identification as members of a "white brotherhood" involved in drug trafficking. Hern's individual complaint in No. CV-91-0253-ECR raised similar claims about the drug testing. Accordingly, the district court did not err by dismissing the individual action because another action involving the same subject matter was pending.

AFFIRMED.

*

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

Cite This Page — Counsel Stack

Bluebook (online)

967 F.2d 586, 1992 U.S. App. LEXIS 24014, 1992 WL 144462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brian-patrick-hern-v-larry-adamson-ca9-1992.

Opinion

Related

Cite This Page — Counsel Stack