Hamilton v. County of Los Angeles

46 F.3d 1141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Clara HAMILTON, individually & as Special Administratrix of the Estate of Keith Hamilton; Plaintiff-Appellee, v. COUNTY OF LOS ANGELES; Paul McCready; Kelly Enos; David Hogan, Defendants and Lee Maxie, Intervenor-Appellant. No. 94-55923. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 11, 1995. * Decided: Jan. 19, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Lee Maxie appeals the district court's denial of his motion to intervene in a 42 U.S.C. Sec. 1983 wrongful death action brought by Clara Hamilton, on behalf of her deceased son Keith Hamilton. Maxie also appeals the district court's dismissal of Hamilton's action pursuant to Fed. R. Civ. P. 41(a). In the alternative, Maxie request that we construe his appeal as a petition for writ of mandamus. 1 3 Maxie's appeal of the district court's denial of his motion to intervene is moot because the…