Michael Turner v. Dr. Zulfacar

94 F.3d 653 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael TURNER, Plaintiff-Appellant, v. Dr. ZULFACAR, Defendant-Appellee. No. 95-56244. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 22, 1996. Before: BROWNING, SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Michael R. Turner, a California state prisoner, appeals pro se the district court's dismissal of his second amended complaint in his 42 U.S.C. § 1983 action. Turner contends that Dr. Zulfacar, a prison physician, acted with deliberate indifference to his medical needs by: (1) failing to adequately treat his migraine headaches and allergies; (2) refusing to renew his prescriptions; and (3) subjecting him to an internal rectal examination. Ordinarily, a district court's dismissal without prejudice is not a final appealable order. McGuckin v. Smith, 974 F.2d 1050, 1053 (9th Cir.1992). Because Turner elected to stand on his complaint and appeal, however, the…