Frank Marvin Phillips, Jr. v. Thomas Jenkins, Brian Riley

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank Marvin PHILLIPS, Jr., Plaintiff-Appellant, v. Thomas JENKINS, Brian Riley, et al., Defendants-Appellees. No. 88-4027. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1989. * Decided Dec. 8, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiff Frank Marvin Phillips appeals pro se from the district court's dismissal of his 42 U.S.C. § 1983 complaint against eleven officers who were involved in the investigation of the homicide that led to Phillips' state court manslaughter conviction. The district court concluded that habeas corpus was the proper remedy for Phillips' claims, and ordered him to file a habeas petition or show cause why the case should not be dismissed for failure to prosecute. When Phillips failed to comply with the order, the district court dismissed the case. We review a dismissal for failure to prosecute for an abuse of discretion.…