Charles Michael Byers v. United States

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles Michael BYERS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-16477. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1993. * Decided June 18, 1993. MEMORANDUM ** Before CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 Former federal prisoner Charles Michael Byers appeals pro se the district court's 28 U.S.C. § 1915 (d) dismissal of his Bivens 1 action alleging that his civil rights were violated as a result of the Federal Bureau of Prisons' policy of prohibiting prisoners from operating a business. We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm. 2 An in forma pauperis complaint may be dismissed sua sponte before service of process under section 1915(d) only if it is frivolous. Neitzke v. Williams, 490 U.S. 319, 324 (1989); McKeever v. Block, 932 F.2d 795, 798 (9th Cir.1991). A complaint is frivolous…