Kanuri Sugury Qawi v. California Department of Corrections J. Haviland R.P. Ferroggiaro

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kanuri Sugury QAWI, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS; J. Haviland; R.P. Ferroggiaro, Defendants-Appellees. No. 92-16641. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1993. * Decided Sept. 29, 1993. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Kanuri Sugury Qawi, a California state prisoner, appeals pro se the dismissal of his 42 U.S.C. § 1983 action as frivolous. He contends that the defendants violated his constitutional rights by taking disciplinary action against him because he refused to undergo a psychiatric examination. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and vacate and remand. 3 Pursuant to 28 U.S.C. § 1915 (d), the district court may dismiss an action sua sponte before service of process if the action is frivolous.…