Weldon Eugene Wiggins, II v. Pete Wilson, Governor James Gomez, Director, Department of Corrections Jerry Stainer Sgt. Briondo

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Weldon Eugene WIGGINS, II, Plaintiff-Appellant, v. Pete WILSON, Governor; James Gomez, Director, Department of Corrections; Jerry Stainer; Sgt. Briondo, Defendants-Appellees. No. 96-15475. United States Court of Appeals, Ninth Circuit. Submitted Nov. 18, 1996. * Decided Nov. 20, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Weldon Eugene Wiggins II, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action with prejudice for failing to comply with an order requiring Wiggins to timely file an amended complaint. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse. 3 The record shows that on August 23, 1995, the district court dismissed Wiggins's complaint, but granted Wiggins leave to amend. The district court ordered Wiggins's amended complaint to be filed by September 22, 1995. Rather than filing an…