Joe Allen Robles v. Warden Crist

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joe Allen ROBLES, Petitioner-Appellant, v. Warden CRIST, et al., Respondents-Appellees. No. 91-16781. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 6, 1992. Before SCHROEDER, FLETCHER and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Joe Allen Robles, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 civil rights action as frivolous under 28 U.S.C. § 1915 (d). Robles alleges that prison officials violated his fourth amendment rights by strip searching him upon his return from work within the prison. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand. 3 We review the district court's section 1915(d) dismissal of an action prior to service of process for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). 4 An in forma pauperis complaint may be dismissed before service of…