Ben J. Kato v. Vernon L. Faatz

8 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ben J. KATO, Plaintiff-Appellant, v. Vernon L. FAATZ, et al., Defendants-Appellees. No. 93-35349. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1993. * Decided Oct. 1, 1993. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Ben Kato, an Oregon state prisoner, appeals pro se the district court's 28 U.S.C. § 1915 dismissal as frivolous of his 42 U.S.C. § 1983 complaint alleging that the Oregon Parole Board imposed a ten-year minimum sentence on the basis of an adverse psychiatric report. We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and affirm in part, and remand in part. 3 In his complaint Kato appears to argue that he is wrongfully confined for a ten-year minimum period because when he went before the parole board, the state psychiatrist's evaluation indicated that if released, Kato would be a threat to the community.…