Stephen M. Shaw, Plaintiff-appellant, v. Herbert L. Young, Defendant-appellee, 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 Oct. 30, 1989. *Decided Dec. 14, 1989


Before SNEED, KOZINSKI, and DAVID R. THOMPSON, Circuit Judges.


MEMORANDUM** 

Appellant Steven Shaw appeals the District Court's denial of his motion to amend or for relief from a written order dismissing the case for lack of personal jurisdiction and for failure to state a claim pursuant to Fed. R. Civ. P. 12(b) (6). Appellant does not challenge the district court's holding that it lacked jurisdiction over the person of the defendant. As a result, the dismissal for failure to state a claim must be deemed to be without prejudice.

AFFIRMED.

 *

The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)

 **

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