Marvin Harris v. James Gomez, Director

983 F.2d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marvin HARRIS, Plaintiff-Appellant, v. James GOMEZ, Director, et al., Defendants-Appellees. No. 92-16444. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 29, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Marvin Harris, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action before service of process. 1 He contends that correctional officers at Pelican Bay State Prison violated his eighth amendment rights by using excessive force to extract him from his cell. 3 Harris claims that prison guards attacked and beat him in order to extract him from his cell after he admittedly refused to change cells. We review for an abuse of discretion the district court's dismissal of an action based on 28 U.S.C. § 1915 (d). Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We have jurisdiction pursuant…