Byron S. Woolley v. James Rowland, Director

999 F.2d 546 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Byron S. WOOLLEY, Plaintiff-Appellant, v. James ROWLAND, Director; et al., Defendants-Appellees. No. 92-17120. 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 California state prisoner Byron S. Woolley appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action as frivolous. Woolley alleged that his constitutional rights were violated while he was temporarily housed at Folsom State Prison (Folsom) because, while there, he was subject to a prison policy that no warning shots are fired which created a hazard that he might be shot. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review the district court's determination that a complaint is frivolous under 28 U.S.C. 1915(d) for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). A complaint is…