Matthew R. Descamps v. Richard Andres

967 F.2d 585 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Matthew R. DESCAMPS, Plaintiff-Appellant, v. Richard ANDRES, et al., Defendants-Appellees. No. 91-36242. United States Court of Appeals, Ninth Circuit. Submitted June 23, 1992. * Decided June 26, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Matthew R. Descamps appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action. 1 A court's sua sponte dismissal of a complaint before issuance and service of process upon the defendants is construed as a dismissal as frivolous under 28 U.S.C. § 1915 (d). Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). We review for an abuse of discretion, Denton v. Hernandez, 60 U.S.L.W. 4364 , 4348 (May 4, 1992), and we affirm. 3 A frivolous claim is one which lacks an arguable basis in either law or fact. Neitzke v. Williams, 490 U.S. 319, 324 (1989); accord Hernandez, 60 U.S.L.W. at 4348. A district court must…