Sheila Wainscott v. County of San Diego, Office of the District Attorney, Child Support Division Ralph Fear

Good Law
9 F.3d 1555·1993 WL 438664
United States Court of Appeals for the Ninth CircuitOctober 29, 199393-55821California892 words

Opinion

Opinion

9 F.3d 1555 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sheila WAINSCOTT, Plaintiff-Appellant, v. COUNTY OF SAN DIEGO, Office of the District Attorney, Child Support Division; Ralph Fear, Defendants-Appellees. No. 93-55821. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1993. * Decided Oct. 29, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Sheila Wainscott 1 appeals pro se the district court's dismissal of her action as frivolous under 28 U.S.C. § 1915 (d). We have jurisdiction under 28 U.S.C. § 1291 , 2 and we affirm. 3 We review for abuse of discretion a district court's sua sponte dismissal of a case as frivolous under section 1915(d). Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). Under section 1915(d), a district court may dismiss an in forma pauperis complaint before service of process if the court determines that the action is frivolous. Id. at 1730-31 . A complaint is frivolous if it "lacks an…

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