Gabriel Torres v. H. Bonilla S.M. Shenian

103 F.3d 141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gabriel TORRES, Plaintiff-Appellant, v. H. BONILLA; S.M. Shenian, Defendants-Appellees. No. 95-55875. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1996. Decided Dec. 09, 1996. 1 Before: FERNANDEZ and HAWKINS, Circuit Judges, and SCHWARZER, * Senior District Judge. 2 MEMORANDUM ** 3 Plaintiff appeals from an order dismissing his complaint in which he alleges a violation of 42 U.S.C. § 1983 on the basis of injuries suffered in a collision that resulted from a high-speed chase of a motorist by California Highway Patrol officers. While the district court granted defendants' Federal Rule of Civil Procedure 12(b)(6) motion without leave to amend, it permitted plaintiff to move for leave to file an amended complaint. Plaintiff chose not to seek leave and instead appealed. We review the dismissal under Rule 12(b)(6) for failure to state a claim de novo. Oscar v. University Students…