Frank Nunez Garcia v. State of Arizona City of Phoenix

977 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank Nunez GARCIA, Plaintiff-Appellant, v. STATE OF ARIZONA; City of Phoenix, Defendants-Appellees. No. 92-15436. United States Court of Appeals, Ninth Circuit. Submitted Oct. 13, 1992. * Decided Oct. 20, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Frank Nunez Garcia, an Arizona state prisoner, appeals pro se the district court's order dismissing his 42 U.S.C. § 1983 action as frivolous pursuant to 28 U.S.C. § 1915 (d) and enjoining him from filing further civil actions without leave of court. Garcia contends that the district court lacked jurisdiction over the action, which he had filed in Alabama district court, and erred by enjoining him from filing further actions. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate the district court's order and remand for further proceedings. 3 If jurisdiction is not founded solely on diversity…