Ben J. Kato v. Neil Goldschmidt Barbara Roberts, Governor, State of Oregon

996 F.2d 1225 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ben J. KATO, Plaintiff-Appellant, v. Neil GOLDSCHMIDT; Barbara Roberts, Governor, State of Oregon, Defendants-Appellees. No. 93-35287. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1993. * Decided June 18, 1993. Before CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Oregon State Hospital inmate Ben J. Kato appeals pro se the district court's 28 U.S.C. § 1915 (d) dismissal as frivolous of his 42 U.S.C. § 1983 action alleging that he was denied his request for a pardon without adequate explanation and that he was denied adequate medical care. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and reverse and remand in part. 3 We review the district court's determination that a complaint is frivolous under section 1915(d) for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). A complaint is frivolous if "it lacks an arguable…