Barry W. Allen v. James Rowland, Director, California Department of Corrections

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Barry W. ALLEN, Plaintiff-Appellant, v. James ROWLAND, Director, California Department of Corrections, Defendant-Appellee. No. 91-16149. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1993. * Decided Feb. 22, 1993. Appeal from the United States District Court for the Northern District of California, No. CV-91-00167-JPV; John P. Vukasin, Jr., District Judge, Presiding. N.D.Cal. VACATED AND REMANDED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Barry William Allen, a former California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action as frivolous pursuant to 28 U.S.C. § 1915 (d). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We vacate and remand for issuance and service of process. 3 Frivolous in forma pauperis complaints…