Joseph Prophet v. Ken Clark

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT DEC 08 2009

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

JOSEPH DANNY PROPHET, No. 09-15481

Plaintiff - Appellant, D.C. No. 1:08-CV-01748-SMS

v.

MEMORANDUM *

KEN CLARK; et al.,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California Sandra M. Snyder, Magistrate Judge, Presiding **

Submitted November 17, 2009 ***

Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.

Joseph Danny Prophet, a California state prisoner, appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to state

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** Prophet consented to the jurisdiction of the magistrate judge. *** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

tk/Research a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a

dismissal under 28…