Terry Lee Barker v. Deborah Michelle Bowers

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry Lee BARKER, Plaintiff-Appellant, v. Deborah Michelle BOWERS, Defendant-Appellee. No. 92-36884. 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 Terry L. Barker appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous pursuant to 28 U.S.C. Sec. 1915 (d). 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 affirm in part, we vacate in part, and remand. 3 The district court may dismiss a complaint filed in forma pauperis before service of process if the court finds the complaint is frivolous. 28 U.S.C. Sec. 1915 (d); Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). A complaint is frivolous if it "lacks an arguable basis either in law or in fact." Neitzke v.…