Miller v. King Harris Publications Magazine

*115 MEMORANDUM *

California prisoner Ernest Miller appeals pro se from the district court’s dismissal of his 42 U.S.C. § 1983 action seeking damages from King Harris Publications Magazine, a private magazine publisher. Miller contends that King Harris Publications failed to provide him either with his one-year magazine subscription after he placed and paid for the order or a refund of $12.00. Miller contends that King Harris Publications treated him in this manner because he is a black male.

We affirm for the reasons stated in the magistrate judge’s findings and recommendations, filed on March 3, 2008, 2008 WL 618809 , and adopted by the district court on March 12, 2008. 1

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

. All pending motions are denied as moot.