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SMITHART v. TOWERY

No. 95-15821.

79 F.3d 951 (1996)

John Wesley SMITHART, Plaintiff-Appellant, v. Robert TOWERY; John A. Knight; Scott McGregor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1996.

Attorney(s) appearing for the Case

John Wesley Smithart, Reno, Nevada, pro se.

Gregory R. Shannon, Deputy District Attorney, Reno, Nevada, for defendants-appellees Towery and Knight.

Laurie B. Buck, Deputy Attorney General, Department of Motor Vehicles & Public Safety, Carson City, Nevada, for defendant-appellee McGregor.

Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges.

PER CURIAM:

Nevada state prisoner John Wesley Smithart appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir.1989), cert. denied, 496 U.S. 937, 110 S.Ct. 3217, 110 L.Ed.2d 664 (1990), and affirm in part, vacate in part, and remand.

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