George Sassower v. Mike McKay United States of America

988 F.2d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. George SASSOWER, Plaintiff-Appellant, v. Mike MCKAY, United States of America, Defendants-Appellees. No. 91-36367. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1993. * Decided March 5, 1993. Appeal from the United States District Court for the Western District of Washington; No. CV-91-1562-BJR, Barbara J. Rothstein, District Judge, Presiding. W.D.Wash. AFFIRMED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 George Sassower appeals pro se 1 the district court's dismissal of his in forma pauperis action as frivolous pursuant to 28 U.S.C. § 1915 (d). We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm. 3 A sua sponte dismissal of an in forma pauperis complaint before issuance and service of process upon the defendants is construed as a dismissal as frivolous under 28…