R.G. Brigaerts v. James Gomez, Director

983 F.2d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. R.G. BRIGAERTS, Plaintiff-Appellant, v. James GOMEZ, Director, Defendant-Appellee. No. 92-15132. United States Court of Appeals, Ninth Circuit. Submitted Jan. 6, 1993. * Decided Jan. 15, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 R.G. Brigaerts, a California state prisoner, appeals pro se the district court's dismissal under 28 U.S.C. § 1915 (d) of his 42 U.S.C. § 1983 civil rights action against the defendant, a California prison official. Brigaerts contends that being housed with mentally ill inmates violated his rights under the eighth and fourteenth amendments. We have jurisdiction under 28 U.S.C. § 1291 , and we review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). Because we find that the complaint is not frivolous, we vacate the district court's judgment, and remand for issuance and service of process. 3 A district…