Charles Lee Terry v. Soledad Training Mailroom

5 F.3d 540 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Lee TERRY, Plaintiff-Appellant, v. SOLEDAD TRAINING MAILROOM, Defendant-Appellee. No. 93-15750. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 20, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Charles Lee Terry, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action for failure to prosecute pursuant to Fed.R.Civ.P. 41(b). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 * Background 4 On May 24, 1991, Terry filed his section 1983 complaint raising two claims: (1) prison officials at Soledad correctional facility had violated his civil rights by opening his legal mail outside his presence, and (2) a Ms. Garibay, who apparently interviewed Terry as part of an internal review of his legal mail complaint, had somehow violated his civil rights by not properly…