Jose L. Admiral Rossell v. Neil Emore Lisa Enfield

42 F.3d 1401 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose L. Admiral ROSSELL, Plaintiff-Appellant, v. Neil EMORE; Lisa Enfield, Defendants-Appellees. No. 94-15494. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 22, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Jose L. Admiral Rossell appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action against prison officials. We have jurisdiction under 28 U.S.C. Sec. 1291 , and affirm. 3 Contrary to Rossell's assertion, the district court dismissed this action pursuant to Fed.R.Civ.P. 12(b)(6), not 28 U.S.C. Sec. 1915 (d). We therefore review de novo whether Rossell has failed to state a claim and whether it is absolutely clear he could not amend his complaint to cure deficiencies. See Noll v. Carlson, 809 F.2d 1446, 1447-49 (9th Cir.1987). We hold the district court correctly dismissed Rossell's…