Alton Bea Whatley, Jr. v. Greyhound Buslines, Inc.

967 F.2d 596 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alton Bea WHATLEY, Jr., Plaintiff-Appellant, v. GREYHOUND BUSLINES, INC., Defendant-Appellee. No. 88-2885. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 1, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Alton Bea Whatley, Jr., a California state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 civil rights action as frivolous. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. 3 An in forma pauperis complaint may be dismissed before service of process under 28 U.S.C. § 1915 (d) if it is frivolous. Neitzke v. Williams, 490 U.S. 319, 324 (1989). A complaint is frivolous if "it lacks an arguable basis in law or in fact." Id. at 325 . We review a district court's dismissal of an action pursuant to section 1915(d) for an abuse of discretion. See Denton v. Hernandez, No.…