Thomas Coco v. Leslie Grigone

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas COCO, Plaintiff-Appellant, v. Leslie GRIGONE; et al., Defendants-Appellees. No. 93-15805. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 23, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Coco, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action prior to service of process. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We construe the district court's dismissal of Coco's action prior to service of process as a dismissal pursuant to 28 U.S.C. Sec. 1915 (d), see Jackson v. Arizona, 885 F.2d 639, 640-41 (9th Cir.1989), and review for abuse of discretion, see Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We affirm. 3 Frivolous in forma pauperis complaints may be dismissed sua sponte before service of process under section 1915(d). Neitzke v. Williams, 490 U.S. 319,…