David James Hadley v. Donald W. Tucker

70 F.3d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 James HADLEY, Plaintiff-Appellant, v. Donald W. TUCKER, Defendant-Appellee. No. 95-15767. United States Court of Appeals, Ninth Circuit. Submitted Sept. 5, 1995. * Decided Sept. 8, 1995. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 David James Hadley, a former federal prisoner, appeals pro se the district court's dismissal without prejudice of his action brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) alleging that various United States marshals and other federal employees erroneously calculated his release date, causing him to be unlawfully incarcerated for 73 days past his release date. 3 We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . Ash v. Cvetkov, 739 F.2d 493, 496 (9th Cir.1984), cert. denied, 470 U.S. 1007 (1984). We review for abuse of discretion, Townsel v. County of Contra Costa, 820 F.2d 319, 320 (9th…