Marion F. Miller, Jr., Plaintiff-appellant, v. Don Schmidt, et al., Defendants-appellees, 28 F.3d 107 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 28 F.3d 107 (9th Cir. 1994) Submitted May 24, 1994. *Decided June 8, 1994

Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges.


Marion Franklyn Miller, Jr., a California state prisoner, appeals pro se the district courts dismissal pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute his 42 U.S.C. § 1983 action. We affirm for the reasons stated by the district court's order.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4. Accordingly, the request for oral argument is denied. The request for counsel for the purpose of oral argument is also denied


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