Marvin Harris v. T. Peetz, D. Helsel and P. Moran

5 F.3d 536 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marvin HARRIS, Plaintiff-Appellant, v. T. PEETZ, D. Helsel and P. Moran, Defendants-Appellees. No. 93-15206. United States Court of Appeals, Ninth Circuit. Submitted Aug. 11, 1993. * Decided Aug. 16, 1993. Before: PREGERSON, BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Marvin Harris, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 prisoner civil rights action pursuant to 28 U.S.C. Sec. 1915 (d). We have jurisdiction under 28 U.S.C. Sec. 1291 . This court reviews the district court's dismissal of an action pursuant to 28 U.S.C. Sec. 1915 (d) for an abuse of discretion, see Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm. 3 Harris contends that the district court erred in dismissing his 42 U.S.C. Sec. 1983 prisoner civil rights action as frivolous. A complaint is frivolous if it lacks an arguable basis in law or fact. Neitzke v. Williams,…