Marvin Harris v. Augie Lopez

996 F.2d 1224 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marvin HARRIS, Plaintiff-Appellant, v. Augie LOPEZ, Defendant-Appellee. No. 93-15143. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided June 28, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Marvin Harris, a California state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. § 1983 action before service of process. 1 Harris alleged that prison officials improperly confiscated and destroyed his television set. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm. 3 In forma pauperis complaints that are frivolous may be dismissed before service of process under 28 U.S.C. § 1915 (d). Neitzke v. Williams, 490 U.S. 319, 324 (1989). A complaint is frivolous "where it lacks an arguable basis in law or in fact."…