Frank Gonzales v. Danny Martinez

892 F.2d 1046 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank GONZALES, Plaintiff-Appellant, v. Danny MARTINEZ, et al., Defendants-Appellees. No. 86-15045. United States Court of Appeals, Ninth Circuit. Submitted July 14, 1989. * Decided Jan. 10, 1990. Before FERGUSON, CYNTHIA HOLCOMB HALL and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Frank Gonzales appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action for failure to state a claim before service of the complaint on the defendants. Gonzales contends that prison officials at the Arizona State Prison at Florence refused to keep him safe from threats of physical attack by not allowing him to eat meals in his cell, and failed to provide him adequate nutrition. We have jurisdiction, 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand. 3 * We review de novo a district court's dismissal of an action as frivolous under 28 U.S.C. § 1915 (d). 1 Noll v. Carlson, 809…