Marcus Charles Frye v. Board of Prison Terms, Raymond Kerr, Chairman California Department of Corrections Daniel McCarthy Director
Opinion
Opinion
961 F.2d 216 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marcus Charles FRYE; Plaintiff-Appellant, v. BOARD OF PRISON TERMS; et al., Defendants, Raymond Kerr, Chairman; California Department of Corrections; Daniel McCarthy, Director, Defendants-Appellees. No. 90-55360. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 24, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Marcus Charles Frye, a former California state prisoner, appeals pro se the district court's dismissal for failure to state a claim of his 42 U.S.C. § 1983 action against prison officials and parole agents. The district court found that (1) Frye's addition of new defendants in his amended complaint was barred by the statute of limitations, (2) Frye's claims against state defendants were barred by the 11th amendment, and (3) Frye failed to allege with sufficient particularity the specific conduct of each named defendant which caused…