Unpublished Disposition, 884 F.2d 1395 (9th Cir. 1988)

MEMORANDUM^** 

Donald Stumpf appeals, pro se, the district court's dismissal of his section 1983 action "without prejudice." We reverse and remand to the district court to reconsider the reasons for dismissal.

FACTS

On January 13, 1984, while incarcerated at the Third Avenue Jail in Anchorage, Alaska, Donald Stumpf filed a complaint in federal district court pursuant to 42 U.S.C. § 1983. The complaint sought injunctive relief for loss of telephone privileges, loss of visitation rights, and placement in administrative segregation without due process of law. Stumpf was later moved to the Cook Inlet Pretrial Facility (CIPT) in Anchorage.

On September 14, 1984, Stumpf amended this complaint to allege, inter alia, violations of his rights to freedom of speech, association, religion, and other provisions of the United States and Alaskan Constitutions.

On January 14, 1988, the magistrate recommended dismissal of Stumpf's existing claims, and Stumpf objected. The district court adopted the magistrate's recommendation and dismissed Stumpf's claims "without prejudice." References to mootness, res judicata and collateral estoppel were mentioned in the record as bases for the dismissal. Any one of these bases should have meant a permanent end to this case. Thus we find a dismissal based upon these grounds inconsistent and irreconcilable with a dismissal "without prejudice." We therefore remand the case to the district court to reconsider its reasons for such a dismissal.

Accordingly, this matter is

REVERSED and REMANDED.