Henry Black, Jr. Lemuel Clayton Bray v. Edward J. Derwinski, Secretary, Department of Veteran Affairs Dick Cheney, Department of Defense Sean O'keefe, Secretary, Department of the Navy Michael T.W. Stone, Secretary, Department of the Army
Opinion
Opinion
43 F.3d 1478 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Henry BLACK, Jr.; Lemuel Clayton Bray, Plaintiffs-Appellants, v. Edward J. DERWINSKI, Secretary, Department of Veteran Affairs; Dick Cheney, Department of Defense; Sean O'Keefe, Secretary, Department of the Navy; Michael T.W. Stone, Secretary, Department of the Army, Defendants-Appellees. No. 93-56582. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 9, 1994. Before: D.W. NELSON, HALL, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Henry Black Jr. and Lemuel C. Bray appeal pro se the district court's dismissal of their Bivens 1 action without prejudice under Fed.R.Civ.P. 41(b) for failure to file a second amended complaint as directed by the court. We have jurisdiction under 28 U.S.C. Sec. 1291 . 2 We review for abuse of discretion the district court's dismissal under Rule 41(b), see West Coast Theater Corp. v. City of Portland, 897 F.2d 1519, 1523 (9th Cir.1990), and affirm. 3…