Marcial Nuno v. Donald Campbell

5 F.3d 538 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marcial NUNO, Plaintiff-Appellant, v. Donald CAMPBELL, Defendant-Appellee. No. 92-56610. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1993. * Decided Sept. 1, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Marcial Nuno appeals pro se the district court's dismissal of his civil rights action against defendant Donald Campbell pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim. 1 Nuno alleged that Campbell, the EEOC officer assigned to investigate Nuno's employment discrimination complaint, failed to conduct a proper investigation. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. 3 We review de novo the district court's dismissal of an action for failure to state a claim. Buckey v. County of Los Angeles, 968 F.2d 791, 793-94 (9th Cir.), cert. denied, 113 S.Ct. 599 (1992). We accept all allegations of material fact as true and construe…