Kenneth L. Overly v. Jack L. Wagner, District Court Clerk

999 F.2d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth L. OVERLY, Plaintiff-Appellant, v. Jack L. WAGNER, District Court Clerk, Defendant-Appellee. No. 93-15045. 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 Kenneth L. Overly, a California state prisoner, appeals pro se and in forma pauperis the district court's dismissal of his civil rights complaint as frivolous under 28 U.S.C. § 1915 (d). We have jurisdiction under 28 U.S.C. § 1291 . We affirm. 3 Overly's complaint under 42 U.S.C. § 1983 1 alleged that Defendant Wagner, Clerk of the U.S. District Court for the Eastern District of California, violated Federal Rule of Civil Procedure 4 when he failed to issue a summons to Overly upon the filing of a previous complaint in action no. CV-91-0079. 2 The district court dismissed the complaint as frivolous because Wagner is absolutely…