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65 F.3d 175

Docket No. 95-35144.

Smith v. Td Gleason Wsp

Ninth Circuit Court of Appeals

Submitted Aug. 16, 1995.* Decided Aug. 23, 1995.

Ninth Circuit Court of Appeals

Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Morris v. Morgan Stanley & Co. · In Re Daniel J. McQuaid Debtor. Daniel J. McQuaid v. First Interstate Bank of California

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges.

¶1

MEMORANDUM…

¶2

James David Smith, a Washington state prisoner, appeals pro se the district court's dismissal without prejudice of his 42 U.S.C. Sec. 1983 action for failure to prosecute. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291. We review for abuse of discretion a district court's order dismissing an action for lack of prosecution. Morris v. Morgan Stanley & Co., 942 F.2d 648, 650 (9th Cir.1991). We affirm for the reasons stated in the district court's order filed January 18, 1995.

¶3

AFFIRMED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

…

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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