Jeffrey A. Franklin, Plaintiff-appellant, v. Los Angeles County Superior Court; S. Mckinney; J. Hebert;c. Escobar, et al., Defendants-appellees, 131 F.3d 146 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 131 F.3d 146 (9th Cir. 1997)

Submitted Nov. 17, 1997**Nov. 20, 1997

Appeal from the United States District Court for the Central District of California, No. CV-96-01691-LGB/SH; Lourdes G. Baird, District Judge, Presiding

Before HUG, Chief Judge, PREGERSON, and BEEZER, Circuit Judges.


Jeffrey Anthony Franklin appeals pro se from the district court's dismissal of his 42 U.S.C. § 1983 action for lack of subject matter jurisdiction. Franklin alleged that defendants violated his civil rights by failing to file and or prosecute his tort actions in the Los Angeles Superior Court. We have reviewed the record and affirm for the reasons set forth in the magistrate judge's report and recommendation adopted by the district court on October 16, 1996. Additionally, the district court did not err in

not appointing counsel for Franklin. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991)



The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4


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