Kenneth Bauer v. Alan Bersin Steven Peak

91 F.3d 150 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth BAUER, Plaintiff-Appellant, v. Alan BERSIN; Steven Peak, Defendants-Appellees. No. 95-55710. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1996. * Decided June 28, 1996. Before: NOONAN, LEAVY, and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Bauer appeals pro se the district court's dismissal of his action seeking declaratory relief against the United States Attorney and an assistant United States Attorney for the Southern District of California. The Government has filed a motion seeking dismissal of Bauer's appeal on the grounds that whatever relief Bauer seeks can be sought in his criminal case. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and grant the government's motion. 1 3 Bauer alleged that the grand jury that was investigating his role in a telemarketing fraud scheme was proceeding in an unconstitutional manner. The district court concluded that it lacked…