Terry Bishop v. John Ignacio

967 F.2d 584 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry BISHOP, Petitioner-Appellant, v. John IGNACIO, Respondent-Appellee. No. 91-16437. United States Court of Appeals, Ninth Circuit. Submitted June 23, 1992. * Decided June 26, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Terry Bishop, a Nevada state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action pursuant to Fed.R.Civ.P. 12(b)(6). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 1 3 A court should liberally construe pro se civil rights pleadings, affording the plaintiff any benefit of the doubt. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir.1987). Before an action brought pro se may be dismissed, the court must provide the plaintiff with notice of the complaint's deficiencies and an opportunity to amend unless it is absolutely clear that the deficiencies of the complaint cannot be cured by amendment. Franklin v.…