Mark Douglas Bowden v. James Rowland

967 F.2d 584 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mark Douglas BOWDEN, Plaintiff-Appellant, v. James ROWLAND, et al., Defendants-Appellees. No. 91-15985. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 17, 1992. MEMORANDUM * Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 Mark Douglas Bowden, a California state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action as frivolous. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand. 2 We review the district court's determination that a complaint is frivolous under 28 U.S.C. § 1915 (d) for an abuse of discretion. Denton v. Hernandez, 69 U.S.L.W. 4346 , 4348 (May 4, 1992). A complaint is frivolous "where it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). An indigent plaintiff with an arguable claim is entitled to issuance and service of…