Daniel Drewlen Wilkins v. Michael A. Cowell

51 F.3d 284 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Daniel Drewlen WILKINS, Petitioner-Appellant, v. Michael A. COWELL, et al., Respondents-Appellees. No. 94-55186. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided April 4, 1995. Before: SNEED, POOLE and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Daniel Drewlen Wilkins, a California 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 Michael A. Cowell and James Kimmel. Wilkins alleged that Cowell, a superior court judge, violated Wilkins's due process rights and right to counsel by denying Wilkins a continuance at his criminal trial. Wilkins also alleged that Kimmel, a deputy district attorney, violated Wilkins's rights by prosecuting Wilkins despite Cowell's failure to grant Wilkins a fair trial. 1 We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. A. Cowell 3 Wilkins contends…