William J. Noll v. Joyce McCarthy

15 F.3d 1088 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William J. NOLL, Plaintiff-Appellant, v. Joyce McCARTHY, Defendant-Appellee. No. 93-55775. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 23, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 William J. Noll, a federal prisoner, appeals pro se the district court's dismissal for failure to state a claim, or alternatively granting summary judgment for United States Parole Officer (USPO) Joyce McCarthy, in Noll's 42 U.S.C. Sec. 1983 action seeking injunctive relief and monetary damages. Noll alleged that McCarthy in her individual and official capacities violated his due process rights during parole revocation proceedings and caused him to be returned to prison for an excessive term. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review de novo a district court's dismissal of a complaint for failure to state a claim. Frey v. State…