Carlos Tamayo, Jr. v. U.S. Department of Labor

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carlos TAMAYO, Jr., Plaintiff-Appellant, v. U.S. DEPARTMENT OF LABOR, et al., Defendant-Appellee. No. 94-35570. United States Court of Appeals, Ninth Circuit. Submitted Feb. 21, 1995. * Decided Feb. 28, 1995. Before: SCHROEDER, CANBY and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Carlos Tamayo, Jr. appeals pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of his action alleging that his due process rights were violated during his federal worker's compensation appeals hearing. Tamayo also appeals the district court's denial of his motion for default judgment on his disability retirement claim. 3 We review de novo the district court's dismissal for failure to state a claim, see Noll v. Carlson, 809 F.2d 1446, 1447 (9th Cir.1987), and for abuse of discretion the denial of a motion for default judgment, Pau v. Yosemite Park & Curry Co., 928 F.2d 880, 885 (9th Cir.1991). 1 We have jurisdiction pursuant to…