Don A. Herman v. James Roper, Judge Kevin Kelly, Deputy Prosecuting Attorney

967 F.2d 586 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Don A. HERMAN, Plaintiff-Appellant, v. James ROPER, Judge; Kevin Kelly, Deputy Prosecuting Attorney, Defendants. No. 91-35675. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 4, 1992. Appeal from the United States District Court for the Western District of Washington; No. CV-91-0393-CRD, Carolyn R. Dimmick, District Judge, Presiding. W.D.Wash. AFFIRMED. Before: FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Don A. Herman appeals pro se from the district court's order dismissing his 42 U.S.C. § 1983 action as frivolous pursuant to 28 U.S.C. § 1915 (d). We review for an abuse of discretion, Denton v. Hernandez, 60 U.S.L.W. 4346 , 4348 (May 4, 1992), and we affirm. 3 Frivolous in forma pauperis complaints may be dismissed sua sponte under 28 U.S.C. § 1915 (d). Neitzke v. Williams, 490 U.S. 319, 324 (1989). A complaint is frivolous if…