Ronald Lee Madsen v. George Herman

961 F.2d 216 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald Lee MADSEN, Plaintiff-Appellant, v. George HERMAN, Defendant-Appellee. No. 91-16486. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 24, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Ronald Lee Madsen, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal before service of process of his 42 U.S.C. § 1983 action against the defendants. We construe the district court's dismissal prior to issuance and service of process as a dismissal under 28 U.S.C. § 1915 (d), and we review de novo. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). We affirm. 3 The district court may dismiss an action under 1915(d) only if it is frivolous. Neitzke v. Williams, 490 U.S. 319, 324 (1989). A frivolous claim is one which lacks an arguable basis in either law or fact. Id. 4 Under Arizona law, "a judgment 'on…