Robert Brian Boeckman v. Los Angeles Times

976 F.2d 736 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Brian BOECKMAN, Petitioner-Appellant, v. LOS ANGELES TIMES, Respondent-Appellee. No. 90-55755. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 17, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Robert Brian Boeckman, a federal prisoner, appeals pro se the district court's sua sponte dismissal of his civil rights action against the defendant. 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, 112 S.Ct. 1728, 1734 (1992). 4 To…