Kenneth Eugene Gage v. Charles D. Marshall, Warden

91 F.3d 151

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Kenneth Eugene GAGE, Plaintiff-Appellant,
v.
Charles D. MARSHALL, Warden, Defendant-Appellee.

No. 95-17404.

United States Court of Appeals, Ninth Circuit.

Submitted July 9, 1996.*
Decided July 15, 1996.

Before: HUG, Chief Judge, and SCHROEDER and POOLE, Circuit Judges.

1

MEMORANDUM**

2

Kenneth Eugene Gage, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action as barred by the doctrine of res judicata. We affirm for the reasons stated in the district court's order filed December 4, 1995. Moreover, Gage has not stated a claim for a violation of his civil rights.

AFFIRMED.1

*

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

1

Because of our disposition of this appeal, we do not consider the applicability, if any, of the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), to this appeal