Mark Larue v. Ken Jurgenson Philip Hobson

967 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 LARUE, Plaintiff-Appellant, v. Ken JURGENSON; Philip Hobson, Defendants-Appellees. No. 90-35703. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 4, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Washington state prisoner Mark LaRue appeals the district court's summary dismissal prior to service of process of his in forma pauperis pro se civil rights complaint. LaRue alleges that prison authorities committed due process and equal protection violations in finding him guilty of certain infractions involving the mailing of a money order to another prison inmate. 3 The federal in forma pauperis statute, codified at 28 U.S.C. § 1915 , allows a district court to dismiss a case prior to service "if satisfied that the action is frivolous or malicious." 28 U.S.C. § 1915 (d). A legal claim is frivolous if "it lacks an arguable…