Gary L. Jovanovich v. Patrick Sweeney

12 F.3d 1106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary L. JOVANOVICH, Plaintiff-Appellant, v. Patrick SWEENEY; et al., Defendants-Appellees. No. 93-35372. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 1, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Gary L. Jovanovich, a Nevada state prisoner, appeals pro se the district court's order (1) dismissing Jovanovich's 42 U.S.C. Sec. 1983 action with prejudice for failure to state a claim for which relief can be granted; and (2) denying his request for leave to amend the complaint. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm in part and vacate and remand in part. 3 We review de novo the district court's dismissal of an action for failure to state a claim. Love v. United States, 915 F.2d 1242, 1245 (9th Cir.1989). To state a section 1983 claim, Jovanovich had to allege facts showing that defendants deprived him of a…