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)

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US Court of Appeals for the Ninth Circuit - 892 F.2d 1046 (9th Cir. 1989)

Submitted Dec. 15, 1989. *Decided Dec. 22, 1989


Before 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