McCarthy

985 F.2d 577 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brad William WINKLER, Plaintiff-Appellant, v. McCARTHY, ET AL., Defendants-Appellees. No. 92-15026. United States Court of Appeals, Ninth Circuit. Submitted Dec. 15, 1992. * Decided Jan. 26, 1993. Appeal from the United States District Court for the Eastern District of California, No. CV-89-00089-REC; Oliver W. Wanger, District Judge, Presiding. E.D.Cal. AFFIRMED. Before ALAN E. NORRIS, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Winkler's civil rights action under 42 U.S.C. § 1983 was dismissed as frivolous under 28 U.S.C. § 1915 (d). A frivolous claim is one which "lacks an arguable basis either in law or in fact," Neitzke v. Williams, 490 U.S. 319, 325 (1989). The dismissal of an in forma pauperis claim on the ground that it is frivolous is reviewed for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). 3 First, Winkler seeks damages for negligent or…