Ora Otis Kidd v. Department of Corrections

993 F.2d 883 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ora Otis KIDD, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, Defendant-Appellee. No. 93-35151. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 24, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Ora Otis Kidd, a Washington State prisoner, appeals pro se the district court's order dismissing without prejudice his first amended complaint prior to service of process pursuant to Fed.R.Civ.P. 41(b) for failure to comply with a court order. Kidd also appeals the district court's denial of his motion for a temporary restraining order ("TRO"). We have jurisdiction pursuant to 28 U.S.C. § 1291 over Kidd's appeal from the dismissal of his complaint, and we vacate and remand. 1 We dismiss Kidd's appeal from the denial of his motion for a TRO for lack of jurisdiction. 3 * Dismissal of Complaint 4 In his original complaint, Kidd alleged that he had…