Falk v. Sellman

Full title: John Andrew FALK, Plaintiff-Appellant, v. John R. SELLMAN…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 18, 2001

8 F. App'x 670 (9th Cir. 2001)

Opinion

8 Fed.Appx. 670 (9th Cir. 2001) John Andrew FALK, Plaintiff-Appellant, v. John R. SELLMAN, Defendant-Appellee. No. 00-35231. D.C. No. CV-99-00212-EJL(MHW). United States Court of Appeals, Ninth Circuit. April 18, 2001

Submitted April 9, 2001. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding.

Before CANBY, KOZINSKI, and RYMER, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

John Andrew Falk appeals pro se the district court's judgment dismissing under Fed.R.Civ.P. 12(b)(6) his 42 U.S.C. § 1983 action challenging the constitutionality of his Idaho state court criminal conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo dismissals pursuant to Fed.R.Civ.P. 12(b)(6). See Shah v. County of Los Angeles, 797 F.2d 743, 745 (9th Cir.1986). We affirm for the reasons stated in the magistrate judge's Report and Recommendation filed on November 30, 1999, and adopted by the district court in its order filed on December 21, 1999.

AFFIRMED.