Curtis C. Jimison v. Brenda M. Burns, Ed Maynard

29 F.3d 632 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Curtis C. JIMISON, Plaintiff-Appellant, v. Brenda M. BURNS, Ed Maynard, et al., Defendants-Appellees. No. 94-15012. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 16, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Curtis C. Jimison, a Nevada state prisoner, appeals pro se the district court's dismissal of Jimison's 42 U.S.C. Sec. 1983 action alleging that he is being deprived of his liberty due to his incarceration for an offense, attempted second degree murder, which he claims has been determined by the Nevada Supreme Court to be nonexistent. Jimison contends that the district court erred by finding that his claim is barred by the doctrine of res judicata because it is identical to the claim he raised in his federal habeas corpus petition. Jimison also contends that the district court erred by striking his response to defendants' reply to…