Usman Shehu Sule v. Joseph Crabtree, Warden, Fci Sheridan United States Bureau of Prisons

8 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Usman Shehu SULE, Petitioner-Appellant, v. Joseph CRABTREE, Warden, FCI Sheridan; United States Bureau of Prisons, Respondents-Appellees. No. 93-35248. 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 Usman Sule, a federal prisoner, appeals pro se the district court's dismissal of his 28 U.S.C. § 2241 action alleging that the Bureau of Prisons ("BOP") is without statutory authority to confine him, and that his civil rights are violated by overcrowding at FCI Sheridan. We have jurisdiction under 28 U.S.C. § 1291 . We construe the district court's dismissal 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 review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (9th Cir.1992), and…