Monroe Jones v. Wheeler, Officer

977 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Monroe JONES, Plaintiff-Appellant, v. WHEELER, Officer, Defendant-Appellee. No. 91-16627. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Oct. 1, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Jones, a California state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action. The district court had jurisdiction pursuant to 28 U.S.C. § 1331 ; we have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989), and we reverse and remand. 3 The district court dismissed Jones's complaint before issuing and serving process upon the defendants. We therefore construe the dismissal as one under 28 U.S.C. § 1915 (d). Jackson, 885 F.2d at 640 . 4 Under section 1915(d), a district court may dismiss frivolous in forma pauperis complaints…