Dale H. Malquist v. Victor M. Reyes

999 F.2d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dale H. MALQUIST, Plaintiff-Appellant, v. Victor M. REYES; et al., Defendants-Appellees. No. 91-16638. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1993. * Decided July 13, 1993. Before TANG, POOLE and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Dale H. Malquist, a former federal prisoner, appeals pro se the district court's order dismissing his action pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Malquist filed his action pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), alleging the defendants unlawfully held him in prison 46 days past his proper parole date. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, see Bermudez v. Duenas, 936 F.2d 1064, 1065 (9th Cir.1991) (per curiam), and affirm. 3 The allegations of the complaint show that in August of 1985, Malquist was…