Dwayne Harris v. Robert Gomez, Director

Good Law
996 F.2d 1224·1993 WL 239577·1993 U.S. App. LEXIS 22469
United States Court of Appeals for the Ninth CircuitJuly 1, 199392-15300California401 words

Opinion

Opinion

996 F.2d 1224 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dwayne HARRIS, Plaintiff-Appellant, v. Robert GOMEZ, Director, et al., Defendant-Appellee. No. 92-15300. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 1, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Harris, a California state prisoner, filed a 42 U.S.C. § 1983 action alleging lack of proper prison medical care. The magistrate found that the claim was meritless, but gave Harris leave to amend. He then moved for appointment of counsel under 28 U.S.C. § 1915 (d). The magistrate denied that motion. Harris appeals pro se the order denying counsel. We dismiss for lack of jurisdiction. 3 The threshold issue is whether we have jurisdiction. The magistrate dismissed Harris' complaint but granted him leave to amend and instructed him on what allegations needed to be pleaded to state a valid claim. The dismissal was not intended to end…

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