Harold John Rolley v. Samuel Lewis

978 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harold John ROLLEY, Plaintiff-Appellant, v. Samuel LEWIS, et al., Defendants-Appellees. No. 92-15836. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 10, 1992. Before SCHROEDER, FLETCHER and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Harold John Rolley, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action alleging that the prison official defendants deprived him of his personal property without due process or compensation. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand for service of process. 3 We review the district court's sua sponte dismissal of an action prior to service of process for an abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). An in forma pauperis complaint may be dismissed before service of process under 28 U.S.C. § 1915 (d) if it…