Butler v. Leen

4 F.3d 772 27 Fed.R.Serv.3d 373 Robert Burdett BUTLER, Plaintiff-Appellant, v. Peggy LEEN, Individually and in her capacity as Public Defender; Julie Goldman-Wilson, in her capacity as Representative of Goldman Estate; The Estate of Paul S. Goldman, Defendants-Appellees. No. 93-15362. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1993 * . Decided Sept. 7, 1993. Robert B. Butler, pro per. No appearance for defendant-appellee. Appeal from the United States District Court for the District of Nevada. Before: CHOY, GOODWIN, and SKOPIL, Circuit Judges. PER CURIAM: 1 Robert Burdett Butler appeals pro se the order dismissing with prejudice his 42 U.S.C. Sec. 1983 action for damages and injunctive relief from a claim of a conspiracy between his defense counsel and the judge in his state court trial. We reverse. 2 Butler's complaint alleged that his public defender and the state trial judge conspired to deny him his right to effective assistance of counsel during his criminal trial. After granting Butler leave to proceed in forma pauperis, but requiring him to pay a partial filing fee, the district court sua sponte dismissed the action before service of process as…