Fatty v. State of Ariz.

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darrell K. FATTY, Plaintiff-Appellant, v. STATE OF ARIZONA; William F. Garbarino, Judge, Superior Court, Coconino; Melvin T. Shelley, Judge, Court of Appeal, State of Arizona; James Duke Cameron, Judge, Arizona Supreme Court, Defendants-Appellees. No. 89-15998. 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 Darrell Fatty, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action brought against the State of Arizona and three state court judges. 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,…