Alan Michael Olson v. William J. Fitzgerald

5 F.3d 538 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alan Michael OLSON, Plaintiff-Appellant, v. William J. FITZGERALD, Defendant-Appellee. No. 93-35113. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1993. * Decided Sept. 13, 1993. Appeal from the United States District Court for the District of Idaho, No. CV-92-00217-HLR; Harold L. Ryan, District Judge, Presiding. D.Idaho REVERSED. Before: KILKENNY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 The pro se appellant challenges the district court's dismissal of his Sec. 1983 suit as frivolous under 28 U.S.C. Sec. 1915 (d). Because the district court did not give the pro se appellant the opportunity to amend his complaint, we reverse. I. FACTS AND PRIOR PROCEEDINGS 3 Appellant Alan Olson was convicted of aggravated assault in an Idaho district court. He was given an indeterminate five year sentence with a minimum two and one half years of incarceration. The conviction was affirmed by the…