Monroe Jones v. M. Hennessy

981 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Monroe JONES, Plaintiff-Appellant, v. M. HENNESSY, Defendant-Appellee. No. 91-15862. United States Court of Appeals, Ninth Circuit. Submitted Dec. 17, 1992. * Decided Dec. 22, 1992. Before GOODWIN, O'SCANNLAIN and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Monroe Jones, a California state prisoner, appeals pro se and in forma pauperis the district court's dismissal with prejudice of his 42 U.S.C. § 1983 action prior to service of process. In his complaint, Jones alleged that his rights under the Fourth, Eighth, and Fourteenth Amendments were violated when state prison officials, without his consent, administered a blood test to determine whether Jones carries the AIDS virus after Jones had been accused of raping a fellow prisoner. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, reverse in part and remand. 3 * The district court's sua sponte dismissal of an in forma pauperis…