Charles Oren Anderson v. Frankie Sue Del Papa

1 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles Oren ANDERSON, Plaintiff-Appellant, v. Frankie Sue DEL PAPA, et al., Defendants-Appellees. No. 93-15158. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 3, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Charles Oren Anderson, a Nevada state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action for failure to state a claim pursuant to Fed.R.Civ.Pro. 12(b)(6). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and affirm. 3 We review de novo the district court's dismissal for failure to state a claim pursuant to Rule 12(b)(6). Tanner v. Heise, 879 F.2d 572, 576 (9th Cir.1989). All allegations of material fact in the complaint are taken as true and construed in the light most favorable to the plaintiff. Id. In civil rights cases where the plaintiff is pro se, the court has an obligation to construe the…