Barbara Schwarz v. California Department of Corrections, San Quentin Prison Warden and Staff

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Barbara SCHWARZ, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, SAN QUENTIN PRISON WARDEN AND STAFF, Defendants-Appellees. No. 93-16321. United States Court of Appeals, Ninth Circuit. Submitted Oct. 13, 1993. * Decided Oct. 15, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Barbara Schwarz appeals pro se the district court's sua sponte dismissal of her action prior to service of process. We construe the district court's dismissal of an action prior to service of process as a dismissal under 28 U.S.C. § 1915 (d). See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). We have jurisdiction under 28 U.S.C. § 1291 . We review the district court's dismissal under 28 U.S.C. § 1915 (d) for an abuse of discretion, see Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm. 3 The district court may dismiss sua sponte as frivolous in forma pauperis…