Hagos G. Amlak v. Alameda County

972 F.2d 1336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hagos G. AMLAK, Plaintiff-Appellant, v. ALAMEDA COUNTY, et al., Defendants-Appellees. No. 91-16304. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 6, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Hagos G. Amlak, a California state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action as frivolous. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and vacate and remand in part. 3 We review the district court's determination that a complaint is frivolous under 28 U.S.C. § 1915 (d) for an abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). A complaint is frivolous "where it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). When a state prisoner challenges the fact or duration of his confinement and seeks a…