Anant Kumar Tripati, Plaintiff-appellant, v. G.l. Henman; Ogis Fields, Regional Director, Westernregion; Norman Carlson, Director Federal Prisonsystem; William Perrill; R.j.barncastle; Willis Gibson;chuck Smallwood;yolanda Savage, 892 F.2d 1046 (9th Cir. 1989)
Annotate this CaseBefore CYNTHIA HOLCOMB HALL, BRUNETTI and NOONAN, Circuit Judges.
ORDER
The substance of Appellant Tripati's two suits, district court actions DC 86-231 (Action # 1) and DC 85-170 (Action # 2), was identical: the adequacy of the prison law library at the Federal Correctional Institution in Tucson, Arizona where he was incarcerated.
In Action # 1, the district court entered summary judgment for defendants on the merits and denied Tripati's motion to vacate defendants' judgment. After filing a notice of appeal, Tripati stipulated to a dismissal pursuant to Fed.R.Civ.Proc. 40(a) (2).
This appeal is from a denial of a 60(b) motion in action # 2. The district court's denial of Tripati's motion to vacate is AFFIRMED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 34-4
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