Hector Jose Belmarez v. Kathryn Bail, Chairman, Isrb

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hector Jose BELMAREZ, Plaintiff-Appellant, v. Kathryn BAIL, Chairman, ISRB, et al., Defendants-Appellees. No. 92-35034. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 22, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Hector Belmarez, a Washington state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 complaint as frivolous under 28 U.S.C. 1915(d). We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1730 (1992), and we vacate and remand. 3 In his section 1983 complaint, Belmarez challenged the minimum term of his imprisonment imposed by the Washington Indeterminate Sentence Review Board ("ISRB"). Belmarez appears to allege that the ISRB retrospectively applied Wash.Rev.Code §§ 9.95.009 and 9.95.030 in determining his…