Hector Clyde Wood v. Barbara Roberts Manfred Maass, Superintendent, Superintendent of Osp

978 F.2d 717 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hector Clyde WOOD, Plaintiff-Appellant, v. Barbara ROBERTS; Manfred Maass, Superintendent, Superintendent of OSP, et al., Defendants-Appellees. No. 91-36159. United States Court of Appeals, Ninth Circuit. Submitted Oct. 22, 1992. * Decided Oct. 28, 1992. Before SNEED, BEEZER and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Hector Clyde Wood, an Oregon state prisoner, appeals pro se and in forma pauperis the district court's order dismissing his 42 U.S.C. § 1983 civil rights action pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim for which relief can be granted. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand. 3 We review de novo the district court's dismissal of a complaint for failure to state a claim. Love v. United States, 915 F.2d 1242, 1245 (9th Cir.1989). We take all allegations of material fact as true and construe them in the light most favorable to the…