Mitchell Harris v. William Henry Donald Dibble

43 F.3d 1479 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mitchell HARRIS, Plaintiff-Appellant, v. William HENRY; Donald Dibble, et al., Defendants-Appellees. No. 94-15898. 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 Mitchell Harris, a Nevada state prisoner, appeals pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of his 42 U.S.C. Sec. 1983 civil rights action against Donald Dibble, a police officer. 1 Harris alleged that Dibble violated his due process rights by destroying exculpatory evidence and offering perjurious testimony at Harris' criminal trial. Harris also challenges the district court's denial of his motions for leave to amend, for reconsideration and to conduct further discovery. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm in part and vacate and remand in part. 3 Harris contends that the district court…