Glen Gilbert v. Booth Gardner, Governor, and Ernest W. Packebush, Superintendent, Eastern Washington Pre-Release

988 F.2d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Glen GILBERT, Plaintiff-Appellant, v. Booth GARDNER, Governor, Defendant, and Ernest W. PACKEBUSH, Superintendent, Eastern Washington Pre-release, Defendant-Appellee. No. 92-36688. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided March 5, 1993. Appeal from the United States District Court for the Eastern District of Washington; No. CV-91-484-CI, Cynthia Imbrogno, Magistrate Judge, Presiding. E.D.Wash. AFFIRMED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Glen Gilbert appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937 (1990), and affirm. 3 Gilbert brought this action against…