Barry William Allen v. James H. Gomez

990 F.2d 1255 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 William ALLEN, Plaintiff-Appellant, v. James H. GOMEZ, Defendant-Appellee. No. 92-15373. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 14, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Barry William Allen appeals pro se the district court's 28 U.S.C. § 1915 (d) dismissal of his 42 U.S.C. § 1983 action alleging that the California Department of Corrections is an habitual offender of the Administrative Procedure Act (APA) because it makes up and enforces "illegal laws" depriving Allen of his civil rights. The district court found that dismissal was warranted because Allen's allegations lack any factual basis and are not premised on any meritorious legal theory. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review the district court's determination that a complaint is frivolous…