John A. Burgess Virginia G. Burgess v. Bank of Credit and Commerce International

996 F.2d 1223 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John A. BURGESS; Virginia G. Burgess, Plaintiffs-Appellants, v. BANK OF CREDIT AND COMMERCE INTERNATIONAL, et al. Defendants-Appellees. No. 92-16160. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1993. * Decided June 14, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 John A. Burgess, an attorney, Virginia Burgess, his wife, and Peter S. Burgess, their minor son, appeal the district court's dismissal, pursuant to 28 U.S.C. § 1915 (d), of their RICO and civil rights action against various defendants. We have jurisdiction under 28 U.S.C. § 1291 , and we review for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We affirm. 3 A district court is authorized to dismiss an action brought in forma pauperis if the complaint is frivolous or malicious. 28 U.S.C. § 1915 (d). The district court's sua sponte dismissal of a complaint as…