Zichko v. State of Idaho

978 F.2d 717 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John J. ZICHKO, Plaintiff-Appellant, v. STATE OF IDAHO; Kootenai-Shoshone Soil Conservation District; Wade Maclean, Chairman; A.J. Arave, Warden, Department of Corrections; Richard A. Vernon, Director, Department of Corrections, Defendants-Appellees. No. 91-35393. 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 John Zichko appeals pro se from the district court's dismissal of his 42 U.S.C. § 1983 civil rights complaint against prison officials as frivolous under 28 U.S.C. § 1915 (d). We review for an abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1730 (1992). We affirm. 3 Frivolous in forma pauperis complaints may be dismissed sua sponte under 28 U.S.C. § 1915 (d). Nietzke v. Williams, 490 U.S. 319, 324 (1989). A complaint is frivolous "where it lacks an arguable basis in…