William David Hill v. Joe D. Richards

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William David HILL, Plaintiff-Appellant, v. Joe D. RICHARDS, et al., Defendants-Appellees. No. 92-16740. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 16, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 William David Hill, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action as malicious under 28 U.S.C. § 1915 (d). 1 The district court determined that Hill "abused the court process to the point that the prosecution of this complaint can only be categorized as 'malicious.' " We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review that district court's dismissal for an abuse of discretion. See Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We vacate and remand. 3 The privilege to proceed in forma pauperis was created to ensure that indigent litigants have…