Paul Marcucci v. Downs, Lt., C/o Cabral

983 F.2d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul MARCUCCI, Plaintiff-Appellant, v. DOWNS, Lt., c/o Cabral, Defendant-Appellee. No. 92-15961. United States Court of Appeals, Ninth Circuit. Submitted Dec. 9, 1992. * Decided Dec. 14, 1992. Before TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Paul Marcucci, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action against correctional officer Lieutenant Downs. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion a district court's dismissal of an action for a plaintiff's violation of Fed.R.Civ.P. 11, Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 (1990), and we affirm. 3 * Background 4 Marcucci filed a civil rights action against Downs, alleging that Downs confiscated three of Marcucci's letters addressed to state officials and that the letters were never returned to Marcucci. Marcucci…