Armando Canez v. City of Phoenix Johnny Vasquez

87 F.3d 1317 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Armando CANEZ, Plaintiff-Appellant, v. CITY OF PHOENIX; Johnny Vasquez, Defendants-Appellees. No. 96-15386. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Armando Canez appeals pro se the district court's order denying his motion to vacate the district court's prior dismissal of his civil rights action brought under 42 U.S.C. § 1983 . We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand. 3 * Background 4 In August 1995, Canez filed a pro se civil rights complaint and a motion for leave to proceed in forma pauperis in the district court. He failed to sign the complaint, but signed the declaration in support of his request to proceed in forma pauperis. 5 On September 27, 1995, the district court issued an order: (1) ruling that Canez's failure to…