David Leroy Cunningham v. Tana Wood Ronald Smith, C/o Andrews, C/o Sgt. Alvarado Sgt. Frank
Opinion
Opinion
101 F.3d 705 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Leroy CUNNINGHAM, Plaintiff-Appellant, v. Tana WOOD; Ronald Smith, C/O; Andrews, C/O; Sgt. Alvarado; Sgt. Frank, Defendants-Appellees. No. 96-35432. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1996. * Decided Nov. 13, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Washington state prisoner David Leroy Cunningham appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 complaint with prejudice pursuant to Fed.R.Civ.P. 11(b)(3). The district court dismissed Cunningham's complaint sua sponte, as a sanction for indicating on his form complaint that he had not filed other actions relating to his imprisonment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . See Allah v. Superior Court, 871 F.2d 887, 890 (9th Cir.1989). We review for abuse of discretion the district court's imposition of the Rule 11 dismissal sanction. See…