Raymond C. Stokes v. Ronald Van Boening

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raymond C. STOKES, Plaintiff-Appellant, v. Ronald VAN BOENING, Defendant-Appellee. No. 93-35702. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 8, 1994. Appeal from the United States District Court for the Eastern District of Washington, No. CV-93-03073-AAM; Alan A. McDonald, District Judge, Presiding. E.D.Wash. AFFIRMED. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Raymond Stokes, a Washington state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action alleging that Associate Warden Ronald Van Boening violated Stokes constitutional rights by increasing his sanction in retaliation for Stokes's filing of an infraction appeal. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We construe the district court's dismissal as one under Fed.R.Civ.P. 41(b), and review for an abuse of discretion. See…