Paul M. Allen v. John A. Zbinden

17 F.3d 393 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul M. ALLEN, Plaintiff-Appellant, v. John A. ZBINDEN, Defendant-Appellee. No. 93-35153. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 7, 1994. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Paul M. Allen appeals pro se the district court's order dismissing his amended complaint for failure to state a claim for which relief could be granted. Allen alleged that defendant John A. Zbinden, Allen's court appointed defense counsel, provided ineffective assistance during Allen's state criminal trial. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 Dismissal pursuant to Fed.R.Civ.P. 12(b)(6) is reviewed de novo. Oscar v. University Students Co-op. Ass'n, 965 F.2d 783, 785 (9th Cir.) (en banc), cert. denied, 113 S.Ct. 655 (1992). Dismissal is improper unless "it appears beyond doubt that the plaintiff can prove no set of facts in…