Gary Dale Brymer v. Jeffrey Hood

978 F.2d 714 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary Dale BRYMER, Plaintiff-Appellant, v. Jeffrey HOOD, et al., Defendant-Appellee. No. 92-15731. United States Court of Appeals, Ninth Circuit. Submitted Oct. 23, 1992. * Decided Oct. 29, 1992. Before SNEED, BEEZER and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Gary Brymer, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action before service of process. 1 He alleges that a prison official denied him access to the courts by threatening him with physical harm in retaliation for pursuing legal redress. We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. 3 Frivolous in forma pauperis complaints may be dismissed before service of process under 28 U.S.C. § 1915 (d). Neitzke v. Williams, 490 U.S. 319, 324 (1989). A complaint is frivolous "where it lacks an…