Leopoldo Cardenas v. C/o Skillings

988 F.2d 118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leopoldo CARDENAS, Plaintiff-Appellant, v. C/O SKILLINGS, Defendant-Appellee. No. 92-36762. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1993. * Decided Feb. 24, 1993. Appeal from the United States District Court for the Eastern District of Washington; No. CV-92-00333-JLQ, Justin L. Quackenbush, District Judge, Presiding. E.D.Wash. REVERSED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Washington state prisoner Leopoldo Cardenas appeals pro se the district court's dismissal as frivolous of his 42 U.S.C. § 1983 civil rights complaint alleging that his Eighth Amendment rights were violated when a correctional officer stuck his thumb into Cardenas's anal area through his pants. We have jurisdiction under 28 U.S.C. 1291, and we reverse. 3 We review the district court's dismissal of an action as frivolous under 28 U.S.C. 1915(d) for an abuse of discretion. Denton v.…