Frank E. Voth v. Oregonian Newspaper of Oregon

977 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 E. VOTH, Plaintiff-Appellant, v. OREGONIAN NEWSPAPER OF OREGON, Defendant-Appellee. No. 91-35909. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Oct. 5, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Voth, an Oregon state prisoner, appeals pro se and in forma pauperis from the judgment of the district court dismissing his section 1983 cause of action as frivolous under 28 U.S.C. § 1915 (d). The district court had jurisdiction pursuant to 28 U.S.C. § 1331 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm. 3 In his initial complaint, Voth alleged that The Oregonian, a newspaper published by the Oregonian Publishing Company (Oregonian), had violated his federal constitutional rights under 42 U.S.C. § 1983 by publishing two libelous statements about him. Voth subsequently sought to…