Miguel Rodriguez v. State of Arizona Department of Corrections

978 F.2d 715 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Miguel RODRIGUEZ, Plaintiff-Appellant, v. STATE OF ARIZONA DEPARTMENT OF CORRECTIONS, Defendant-Appellee. No. 90-15218. United States Court of Appeals, Ninth Circuit. Submitted Oct. 22, 1992. * Decided Oct. 28, 1992. Before SNEED, BEEZER and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Miguel Rodriguez, an Arizona state prisoner, appeals pro se the district court's order dismissing his 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915 (d). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review for abuse of discretion the district court's determination that a complaint is frivolous under section 1915(d). Denton v. Hernandez, 112 S.Ct. 1728, 1730 (1992). 4 An in forma pauperis complaint may be dismissed sua sponte before service of process under section 1915(d) only if it is frivolous. Neitzke v. Williams, 490 U.S. 319, 324 (1989); McKeever v. Block, 932 F.2d 795, 798 (9th…