Teshome Abate v. John Avenenti

990 F.2d 1255 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Teshome ABATE, Plaintiff-Appellant, v. John AVENENTI, et al., Defendants-Appellees. No. 92-16872. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 2, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 Teshome Abate, an Arizona state prisoner, appeals pro se the district court's judgment on the pleadings in his 42 U.S.C. § 1983 action against prison officials. Abate contends that the district court erred by (1) dismissing his constitutional claims, (2) refusing to permit him to file an amended complaint, and (3) denying his recusal motion. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 2 * Dismissal of Claims 3 Abate contends that the district court erred by sua sponte dismissing his retaliation claims. He contends that the district court erred by granting the defendants' Fed.R.Civ.P. 12(b)(6) motion to dismiss his claims…