John Daniel Froneberger v. Best Western/yellowstone Mine

942 F.2d 791 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Daniel FRONEBERGER, Plaintiff-Appellant, v. BEST WESTERN/YELLOWSTONE MINE, Defendant-Appellee. No. 88-3503. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1991. * Decided Aug. 29, 1991. Before BROWNING, FARRIS and WILLIAM A. NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 John Froneberger appeals pro se the district court's dismissal of his age discrimination complaint for failure to prosecute. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986), and reverse and remand. 3 The district court granted Froneberger leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (a). If a plaintiff is granted leave to proceed in forma pauperis, "[t]he officers of the court shall issue and serve all process." 28 U.S.C. § 1915 (c). Rule 4(c) of the Federal Rules of Civil Procedure provides: 4 (B) A…