Minor Moody v. James McFadden

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Minor MOODY, Plaintiff-Appellant, v. James McFADDEN, et al., Defendants-Appellees. No. 93-15888. United States Court of Appeals, Ninth Circuit. Submitted Sept. 1, 1993. * Decided Sept. 8, 1993. Appeal from the United States District Court for the District of Arizona, D.C. No. CV-93-00352-EHC; Earl H. Carroll, District Judge, Presiding. D. Ariz. AFFIRMED. Before FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Minor Moody, an Arizona state prisoner, appeals pro se the district court's order dismissing his 42 U.S.C. Sec. 1983 prisoner civil rights action. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We construe the district court's sua sponte dismissal of this action prior to service of process as a dismissal under 28 U.S.C. Sec. 1915 (d). See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). We review the district court's dismissal under Sec. 1915(d) for an abuse of…