Brymer v. Treabech

990 F.2d 1256 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary D. BRYMER, Plaintiff-Appellant, v. Dean TREABECH, Maricopa County Public Defender; Valarie Shears, Assistant Public Defender; Mike Fusselman, Investigator, Maricopa County Public Defender's Office, Defendants-Appellees. No. 92-15454. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 17, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Gary D. Brymer, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 complaint prior to issuance and service of process. He alleges that the defendants, two public defenders and an investigator, deprived him of the effective assistance of counsel in a state criminal proceeding. We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we reverse and remand. 3 Pursuant to 28 U.S.C. § 1915 (d), a…