Merwin Michael Hill v. Charles Pyeatte, Deputy County Attorney Bernie Hill, Detective, Scottsdale Police Department

1 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Merwin Michael HILL, Plaintiff-Appellant, v. Charles PYEATTE, Deputy County Attorney; Bernie Hill, Detective, Scottsdale Police Department, Defendants-Appellees. No. 93-15603. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 3, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Merwin Hill, an Arizona state prisoner, appeals pro se the district court's dismissal prior to service of process of his 42 U.S.C. Sec. 1983 action against the defendants. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and affirm. 3 A sua sponte dismissal of an in forma pauperis complaint before issuance and service of process upon the defendants is construed as a dismissal as frivolous under 28 U.S.C. Sec. 1915 (d). Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). A complaint is…