James v. Lockard v. Alma Lockard

977 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James V. LOCKARD, Plaintiff-Appellant, v. Alma LOCKARD, Defendant-Appellee. No. 90-35890. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Oct. 1, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 James V. Lockard appeals pro se the district court's dismissal of his diversity action against Alma Lockard. James alleged claims for intentional infliction of emotional distress, defamation, and invasion of privacy based on Alma's alleged release of materials and photographs which portrayed James as a pornographer to third parties. The district court dismissed James' action for failure to prosecute and failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand. 3 Here, James alleged that Alma broke into a storage facility, stole certain papers and photographs of his, and circulated them to several people.…