Fredrick H. Fisher, Jr. v. Arizona Department of Corrections

990 F.2d 1257 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fredrick H. FISHER, JR., Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF CORRECTIONS; et al., Defendants-Appellees. No. 92-15866. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 5, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Fredrick H. Fisher, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action for failure to state a claim upon which relief may be granted. Fisher alleged that prison officials improperly denied him permission to telephone his attorney. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand. 3 A dismissal for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is a ruling on a question of law and as such is reviewed de novo. Buckey v. County of Los Angeles, 968 F.2d 791, 793-94 (9th Cir.), cert. denied, 113…