Hulbert v. Herring

972 F.2d 1339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ken R. HULBERT, individually, and as next of kin on behalf of his minor son, Kenneth Michael Hulbert, Petitioner-Appellant, v. Doug HERRING; Linda G. Palmer; Velda Roberts, Marvin E. Guardian, Thomas H. Brittain, Respondents-Appellees. No. 91-16286. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 18, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Ken R. Hulbert appeals pro se the district court's dismissal of his complaint with prejudice pursuant to Fed.R.Civ.P. 41(b). 1 A district court's dismissal pursuant to Rule 41(b) will be overturned on appeal only if the district court abused its discretion. Hernandez v. Whiting, 881 F.2d 768, 770 (9th Cir.1989). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, vacate and remand in part. 3 In reviewing the district court's dismissal, we must keep in mind Hulbert's pro se…