Robert E. Mitchell v. Ernie Kell, Mayor, City of Long Beach City of Long Beach Lawrence Binkley, Chief of Police

990 F.2d 1259 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert E. MITCHELL, Plaintiff-Appellant, v. Ernie KELL, Mayor, City of Long Beach; City of Long Beach; Lawrence Binkley, Chief of Police, Defendants-Appellees. No. 90-55699. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1993. * Decided April 8, 1993. Before HALL, WIGGINS and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Former California state prisoner Robert E. Mitchell appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 civil rights action alleging that on November 14, 1988, City of Long Beach police officers provoked a high-speed chase with a vehicle in which Mitchell was a passenger, beat and shot Mitchell. The district court dismissed the action with prejudice under Fed.R.Civ.P. 41(b) because Mitchell disobeyed the magistrate judge's minute order instructing him to address any tolling of the statute of limitations applicable to his claims. We have jurisdiction under 28…