Jerry B. Balisok v. Ronald Fleck George Kuzma Barry Kellogg

15 F.3d 1082 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry B. BALISOK, Plaintiff-Appellant, v. Ronald FLECK; George Kuzma; Barry Kellogg, Defendants-Appellees. No. 93-35485. United States Court of Appeals, Ninth Circuit. Submitted Dec. 13, 1993. * Decided Dec. 17, 1993. Before: GOODWIN, CANBY and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Jerry B. Balisok, a Washington state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous under 28 U.S.C. Sec. 1915 (d). The district court found that Balisok had failed to state a viable section 1983 claim. Balisok alleged that the defendants, three medical doctors employed at the Washington State Penitentiary, were deliberately indifferent to his serious medical needs. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we review for an abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We vacate and remand. 3 In forma pauperis complaints that are…