Charles Joseph Oltarzewski, Jr. v. Melody O'donnell, John Foreman

967 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles Joseph OLTARZEWSKI, Jr., Plaintiff-Appellant, v. Melody O'DONNELL, John Foreman, Defendants-Appellees. No. 91-16643. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1992. * Decided July 10, 1992. Before POOLE, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Charles J. Oltarzewski, Jr., an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his civil rights action against Melody O'Donnell, a state court reporter, and John Foreman, an Arizona superior court judge. We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm. Constitutional Claims A. Request for Damages 3 Oltarzewski contends that the district court erred by dismissing his complaint as frivolous under 28 U.S.C. § 1915 (d). 1 This contention lacks merit. 4 A complaint is frivolous "where it lacks an arguable basis either in law or in fact."…