Joseph McInerney v. John Sutter James Lambden, Judge Agretelis Demetrios, Judge Ken Kawaichi, Judge

980 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph McINERNEY, Plaintiff-Appellant, v. John SUTTER; James Lambden, Judge; Agretelis Demetrios, Judge; Ken Kawaichi, Judge, et al., Defendants-Appellees. No. 92-15957. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Joseph McInerney appeals pro se the district court's order dismissing his action as frivolous under 28 U.S.C. § 1915 (d). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1730 (1992), and we affirm. 3 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 Cir.1991). A complaint is frivolous "where it lacks an arguable basis in law…