Marvin Harris v. Charles D. Marshall, Warden

988 F.2d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles D. MARSHALL, Warden, Defendant-Appellee. No. 92-16246. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1993. * Decided Feb. 24, 1993. Appeal from the United States District Court for the Northern District of California; No. CV-91-02090-JPV, John P. Vukasin, Jr., District Judge, Presiding. N.D.Cal. AFFIRMED IN PART AND VACATED AND REMANDED IN PART. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Marvin Harris, a California state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 complaint before service of process. 1 Harris alleged that prison officials improperly confiscated, stored, and destroyed his personal property and legal materials. We have jurisdiction under 28 U.S.C. § 1291 . 2 We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we…