Donzel Rudulph v. L. Lemire

993 F.2d 884 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donzel RUDULPH, Plaintiff-Appellant, v. L. LEMIRE, et al., Defendants-Appellees. No. 91-15776. 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 Former California state prisoner Donzel Rudulph appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action alleging that prison officials physically assaulted him and used radio frequencies to hurt and control him. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part and vacate and remand in part. 3 * Standard of Review 4 Although the defendants moved for dismissal pursuant to 28 U.S.C. § 1915 (d) on the basis that Rudulph's claims were frivolous, we construe the district court's dismissal after service of process as a dismissal on the pleadings pursuant to Fed.R.Civ.P. 12(b)(6). 1 A dismissal for failure to…