James Gregory Castillo v. John E. Bilbrey

977 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Gregory CASTILLO, Plaintiff-Appellant, v. John E. BILBREY, et al., Defendant-Appellee. No. 92-35316. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Sept. 29, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 James G. Castillo, a Washington state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915 (d). Castillo contends that he was deprived of his property without due process when prison officials either lost or failed to prevent the theft of his socks. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review the district court's determination that a complaint is frivolous under section 1915(d) for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). A complaint is frivolous if "it lacks an arguable basis in law or in…