Jim Fitch v. Grigone Wilson

2 F.3d 1156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jim FITCH, Plaintiff-Appellant, v. Grigone WILSON, et al., Defendant-Appellee. No. 93-15051. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1993. * Decided July 8, 1993. Before CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jim Fitch, an Arizona state prisoner, appeals pro se the district court's order dismissing pursuant to 28 U.S.C. Sec. 1915 (d) his 42 U.S.C. Sec. 1983 action. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We reverse and remand. 3 Fitch filed a civil rights complaint pursuant to 42 U.S.C. Sec. 1983 . Fitch's complaint alleged prison officials violated his constitutional rights by refusing to transfer him from the Arizona State Complex in Florence, Arizona to the Santa Rita Unit in Tucson. Fitch alleged that prison officials should have housed him in Santa Rita so…