Adrian Lee Chow v. Deborah A. Delambert

972 F.2d 1338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Adrian Lee CHOW, Petitioner-Appellant, v. Deborah A. DELAMBERT, Defendant-Appellee. No. 91-16116. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 20, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Adrian Lee Chow, a federal prisoner, appeals pro se the district court's sua sponte dismissal of his complaint as frivolous. Chow filed a complaint pursuant to Bivens v. Six Unknown Unnamed Fed. Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and alleged that his public defender represented him negligently in his criminal proceedings. We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm. 3 A district court may dismiss a complaint as frivolous if the complaint lacks an arguable basis in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). Under Bivens, a plaintiff must establish that…