Monroe Jones v. Davis, Warden, Assoc. Warden 11 Nelson, R. Hernandez, R. Kral

988 F.2d 120 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Monroe JONES, Plaintiff-Appellant, v. DAVIS, Warden, Assoc. Warden 11 Nelson, R. Hernandez, R. Kral, Defendants-Appellees. No. 92-15495. 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-92-00033-JPV; John P. Vukasin, Jr., District Judge, Presiding. N.D.Cal. VACATED AND REMANDED. Before GOODWIN, SCHOREDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Monroe Jones, a California State prisoner, appeals pro se the district court's dismissal prior to service of process of his 42 U.S.C. § 1983 action. 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. Denton v. Hernandez, 112 S.Ct. 1728, 1734…