Donald L. Bade v. State of Washington Booth Gardner Amos E. Reed

988 F.2d 117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald L. BADE, Plaintiff-Appellant, v. STATE OF WASHINGTON; Booth Gardner; Amos E. Reed; et al., Defendants-Appellees. No. 92-35336. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1993. * Decided Feb. 22, 1993. Appeal from the United States District Court for the Western District of Washington, No. CV-91-1144-JCC; John C. Coughenour, District Judge, Presiding. W.D.Wash. VACATED AND REMANDED. Before GOODWIN, SCHOREDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Donald L. Bade, a former Washington state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action prior to service of process for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate and remand for issuance and service of process. 3 We review the district court's sua sponte dismissal of an action prior to service of process for abuse of discretion.…