Ronald Duke Kelly v. Lucy Christy, in Her Individual Capacity Only

981 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald Duke KELLY, Plaintiff-Appellant, v. Lucy CHRISTY, in her individual capacity only, Defendant-Appellee. No. 92-35344. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 24, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Ronald Duke Kelly, a federal prisoner, appeals pro se the district court's dismissal for failure to state a claim of his action brought pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) against United States Probation Officer Lucy Christy. The district court found that Kelly's allegations of gross negligence and deliberate malfeasance, standing alone, are insufficient to state a Bivens claim. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district court's dismissal for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Tanner v. Heise, 879 F.2d…