John Allen Smith v. Clark County Public Defender's Office

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Allen SMITH, Plaintiff-Appellant, v. CLARK COUNTY PUBLIC DEFENDER'S OFFICE, et al., Defendant-Appellee. No. 92-16342. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 4, 1993. Before: HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 John Allen Smith, a Nevada state prisoner, appeals pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of his 42 U.S.C. § 1983 civil rights action against the public defender who represented Smith in his state court criminal trial. Smith also appeals the district court's denial of his post-judgment motion to amend his complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 We reverse and remand. 3 We review de novo the district court's dismissal of Smith's action for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). See Oscar v. University Students Co-operative Ass'n, 965 F.2d 783, 785 (9th…