Ken McNeill v. Arizona Board of Pardons and Paroles

990 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ken MCNEILL, Plaintiff-Appellant, v. ARIZONA BOARD OF PARDONS AND PAROLES, et al., Defendants-Appellees. No. 92-15963. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 2, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Ken McNeill, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal, prior to issuance and service of process, of his 42 U.S.C. § 1983 action against the Arizona Board of Pardons and Paroles and seven Board members. McNeill contends that the district court erred by finding that the defendants were absolutely immune from suit. We have jurisdiction under 28 U.S.C. § 1291 , and we review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1738 , 1734 (1992). We vacate the district court's judgment and remand for further proceedings. 3 Pursuant to 28 U.S.C. § 1915…