Theodore L. Klaiber v. Naval Air Station, Alameda

999 F.2d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Theodore L. KLAIBER, Plaintiff-Appellant, v. NAVAL AIR STATION, ALAMEDA, Defendant-Appellee. No. 93-15422. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1993. * Decided July 13, 1993. Before TANG, POOLE and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Theodore L. Klaiber appeals pro se the district court's dismissal of his employment discrimination action prior to service of process. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We construe the district court's dismissal of Klaiber's action prior to service of process as a dismissal pursuant to 28 U.S.C. § 1915 (d), see Jackson v. Arizona, 885 F.2d 639, 640-41 (9th Cir.1989), and review for abuse of discretion, see Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We affirm. 3 Frivolous in forma pauperis complaints may be dismissed sua sponte before service of process under section 1915(d). Neitzke v. Williams, 490 U.S. 319, 324…