Johnnie Cooper, Jr., AKA Bobby Smith v. C/o Correction Officer Dizon

Good Law
39 F.3d 1186·1994 WL 587386·1994 U.S. App. LEXIS 37751
United States Court of Appeals for the Ninth CircuitOctober 26, 199494-35194California323 words

Opinion

Opinion

39 F.3d 1186 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Johnnie COOPER, Jr., aka Bobby Smith, Plaintiff-Appellant, v. C/O Correction Officer DIZON, Defendant-Appellee. No. 94-35194. United States Court of Appeals, Ninth Circuit. Submitted Aug. 17, 1994. * Decided Oct. 26, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Washington state prisoner Johnnie Cooper appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 civil rights action and denial of his motion for class certification. We agree with the district court that Cooper failed to state a claim upon which relief may be granted. Fed.R.Civ.P. 12(b)(6). See Oltarzewski v. Ruggiero, 830 F.2d 136, 139 (9th Cir.1987) (mere verbal harassment or abuse is insufficient to support a claim under section 1983). 3 We also agree with the district court that Cooper's proposed amendments to his complaint fail to cure the deficiency. See Sands v. Lewis, 886 F.2d 1166, 1171 (9th…

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