Panthong Praseuth v. Jesse Welch

8 F.3d 29 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Panthong PRASEUTH, Plaintiff-Appellant, v. Jesse WELCH, Defendant-Appellee. No. 93-35305. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1993. * Decided Oct. 21, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Panthong Praseuth appeals pro se the district court's order dismissing his 42 U.S.C. § 1983 action as frivolous, pursuant to 28 U.S.C. § 1915 (d). We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and affirm. 3 Frivolous in forma pauperis complaints may be dismissed sua sponte under 28 U.S.C. § 1915 (d). Neitzke v. Williams, 490 U.S. 319, 324 (1989). A complaint is frivolous "where it lacks an arguable basis either in law or in fact." Id. at 325 . To state a section 1983 claim, the plaintiff must allege facts showing a person acting under color of state law…