James L. Alexander v. Margaret H. Jeffries, Deputy Warden of East Unit Mary P. Weir, Cpo Ii, East Unit

Good Law
12 F.3d 1105·1993 WL 503234·1993 U.S. App. LEXIS 36462
United States Court of Appeals for the Ninth CircuitDecember 8, 199393-15830California782 words

Opinion

Opinion

12 F.3d 1105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James L. ALEXANDER, Plaintiff-Appellant, v. Margaret H. JEFFRIES, Deputy Warden of East Unit; Mary P. Weir, CPO II, East Unit, Defendants-Appellees. No. 93-15830. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 8, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner James L. Alexander appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous. He contends that defendants slandered and defamed him and refused to remove defaming documents from his prison file. We have jurisdiction under 28 U.S.C. Sec. 1291 . 1 We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we reverse and remand to the district court. 3 Pursuant to 28 U.S.C. Sec. 1915 (d), the district court may dismiss an action sua sponte before service of process if the action is frivolous.…

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