Krain

897 F.2d 533 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence S. KRAIN, M.D., Plaintiff-Appellant, v. COUNTY OF ORANGE; Thomas Riley; Roger Stanton; Gaddi Vasquez; et al. Defendants-Appellees. No. 88-6486. United States Court of Appeals, Ninth Circuit. Submitted March 6, 1990. Decided March 9, 1990. Before SCHROEDER, DAVID R. THOMPSON and TROTT, District Judges. MEMORANDUM * This case is virtually identical to one recently decided by this court and involving the same plaintiff, Krain v. Smallwood, 880 F.2d 1119 (9th Cir.1989). The holding in Smallwood controls this case, and the district court's dismissal with prejudice for failure to comply with an order of the court is reversed and remanded. The plaintiff in this case has filed an action pro se against various defendants including the County of Orange in California. On June 29, 1989, a magistrate filed a memorandum and order re competency determination pursuant to Federal Rule of Civil…