James Thomas Adair v. Cynthia L. Aydlett

967 F.2d 583 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Thomas ADAIR, Plaintiff-Appellant, v. Cynthia L. AYDLETT, et al., Defendants-Appellees. No. 91-16441. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1992. * Decided June 29, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 James Thomas Adair, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action for damages against prison officials who allegedly miscalculated his prison sentence credits. We interpret the district court's sua sponte dismissal of the in forma pauperis complaint before service of process as a dismissal pursuant to 28 U.S.C. § 1915 (d). See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 We review for an abuse of discretion the district court's determination that a complaint is frivolous under section…