David O. Hooper v. C/o Connelly

53 F.3d 338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David O. HOOPER, Plaintiff-Appellant, v. C/O CONNELLY, Defendant-Appellee. No. 94-16634. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 28, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 David O. Hooper, a Nevada state prisoner, appeals pro se the district court's dismissal pursuant to Fed.R.Civ.P. 12(b)(6) of his action under 42 U.S.C. Secs. 1983 and 1985, in which Hooper alleged that his due process and equal protection rights were violated when correctional officers ordered him and other inmates to lay down on the ground and fired a warning shot. The district court dismissed Hooper's first amended complaint with leave to file a second amended complaint showing actual injury to Hooper. The district court dismissed the action following Hooper's failure to file a second amended complaint as ordered. Hooper contends that the district court…