Michael Steven Kalakay v. Hon. Stewart Newblatt

992 F.2d 1219 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Steven KALAKAY, Plaintiff-Appellant, v. Hon. Stewart NEWBLATT, Defendant-Appellee. No. 91-56167. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 5, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Michael Kalakay appeals pro se the district court's dismissal under Fed.R.Civ.P. 12(b)(6) of his action for money damages against United States District Judge Stewart Newblatt. Kalakay contends that his constitutional rights were violated when Judge Newblatt dismissed his action for failure to state a claim, and denied his motion for appointment of counsel. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Woodrum v. Woodard County, Okl., 866 F.2d 1121 , 1124 (9th Cir.1989), and affirm. 3 Generally, a dismissal under Rule 12(b)(6) should not be affirmed unless it is clear that the complaint could not be cured by amendment.…