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Tisher v. Rupp
Citation: 97 F. App'x 162Docket: No. 03-16168
Court: Court of Appeals for the Ninth Circuit; May 14, 2004; Federal Appellate Court
Faron Earl Tisher, an Arizona state prisoner, appeals the district court’s dismissal without prejudice of his 42 U.S.C. § 1983 action against prison officials. The appellate court has jurisdiction under 28 U.S.C. § 1291 and affirms the district court's decisions from December 16, 2002, and May 14, 2003. The dismissal without prejudice allows Tisher the opportunity to file a new action in the future, as supported by McGuckin v. Smith, which clarifies that such a dismissal does not adjudicate the merits or bar similar actions in other courts. The court declines to address new arguments presented by Tisher for the first time on appeal, referencing Ganwich v. Knapp. Tisher's remaining arguments are deemed without merit, and his motion to supplement the record is denied. The decision is affirmed, with the note that it is not suitable for publication or citation as precedent, in accordance with Ninth Circuit Rule 36-3.