Terry M. Turner v. Solomon Akins

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry M. TURNER, Plaintiff-Appellant, v. Solomon AKINS, et al., Defendants-Appellees. No. 92-16357. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided April 30, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Terry M. Turner, a Hawaii state prisoner, appeals pro se from the district court's order dismissing his civil rights action against prison officials pursuant to 28 U.S.C. § 1915 (d). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Appellant brought an action in the district court under 42 U.S.C. § 1983 against a fellow inmate and three prison officials, seeking damages for the officials' failure to protect him from an attack by the inmate. The district court dismissed the inmate as a party because the complaint did not allege that he acted under color of state law. Appellant filed an amended complaint, omitting the…