Unpublished Disposition, 931 F.2d 60 (9th Cir. 1991)

Nos. 90-55033, 90-55259, 90-55265, 90-55827 and 90-55977.

United States Court of Appeals, Ninth Circuit.

Before SCHROEDER and REINHARDT, Circuit Judges, and KING,^**  District Judge.

ORDER

These matters are consolidated for purposes of disposition.

MEMORANDUM^*** 

The judgments and orders of the district courts in the referenced cases are AFFIRMED.

In No. 90-55265, the dismissals were entered only as to named defendants as to whom there had been no proof of service notwithstanding plaintiff's having been given ample notice and time to provide it.

In No. 90-55827, the district court dismissed the complaint and the action without prejudice. In a prior appeal, we held this would be an appropriate resolution of this case. Krain v. Smallwood, 880 F.2d 1119 (9th Cir. 1989). The district court's action was taken only after ample notice to Krain and his having failed to comply with the orders of the court.

In No. 90-55977, the issues are the same as in No. 90-55827 except that the defendant-appellee is Brent Sundin instead of Smallwood.

In Nos. 90-55033 and 90-55259, Krain appeals the dismissal of his action for failure to comply with the district court's order for a competency hearing and also appeals the competency order. The dismissal, which was without prejudice, and the competency order were proper. Krain v. Smallwood, supra.

AFFIRMED.