Marshall Martinez v. George Sumner, Director of Safety, State of Hawaii, in His Individual and Official Capacity

9 F.3d 1552 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marshall MARTINEZ, Plaintiff-Appellant, v. George SUMNER, Director of Safety, State of Hawaii, in his individual and official capacity; et al., Defendants-Appellees. No. 93-15192. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 8, 1993. Before: SCHROEDER, D. W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Marshall Martinez, a Hawaii state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1915 (d) on the ground the action was frivolous. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and affirm. 3 To state a section 1983 claim, the plaintiff must allege facts showing a person acting under color of state law deprived the plaintiff of a right, privilege, or immunity secured by the Constitution or federal…