Mark Stephen Wilson v. Gerald Kohler, in His Individual and Official Capacity AKA Jerry Kohler
Opinion
Opinion
50 F.3d 19 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mark Stephen WILSON, Plaintiff-Appellant, v. Gerald KOHLER, in his individual and official capacity aka Jerry Kohler, Defendant-Appellee. No. 94-35495. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 13, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Mark Stephen Wilson, a Washington state prisoner, appeals pro se the district court's 28 U.S.C. Sec. 1915 (d) dismissal of his 42 U.S.C. Sec. 1983 action against court reporter Gerald Kohler. In his complaint, Wilson alleged that Kohler falsified the transcript of Wilson's state court trial in which Wilson was convicted of assault and harassment. On appeal, Wilson contends that the district court erred by dismissing his complaint as frivolous on the ground of res judicata. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Dismissal pursuant to 28 U.S.C. Sec. 1915 (d) is reviewed for an…