John Francis Pearce v. Clark County Sheriff's Department

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Francis PEARCE, Plaintiff-Appellant, v. CLARK COUNTY SHERIFF'S DEPARTMENT, et al., Defendant-Appellee. No. 91-36055. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1993. * Decided July 29, 1993. Before BRUNETTI, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 John Pearce appeals pro se the district court's order dismissing his 42 U.S.C. Sec. 1983 action against the Clark County Sheriff's Department and others pursuant to Fed.R.Civ.P. 12(b)(6). We affirm. I. 3 Pearce's complaint arises from thefts that allegedly occurred from his home both while he was incarcerated and while restrained by court order from entering the vicinity of his home. Pearce contends the Clark County Sheriff's Department took no action on his complaints regarding the ongoing thefts and, therefore, deprived him of his rights in violation of 42 U.S.C. Sec. 1983 . II. 4 We review de novo the district court's dismissal…