Paul M. Allen v. Children's Services Division

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul M. ALLEN, Plaintiff-Appellant, v. CHILDREN'S SERVICES DIVISION, Defendant-Appellee. No. 93-35001. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 23, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Paul M. Allen appeals pro se the district court's 28 U.S.C. Sec. 1915 (d) dismissal as frivolous of his 42 U.S.C. Sec. 1983 action against the Children's Services Division of the State of Oregon, alleging that the agency unlawfully engaged in sexual conduct with his daughter. The district court found that dismissal was warranted because Allen's claim that a department of state government engaged in a sexual act has no merit, and the allegations in Allen's complaint can in no way be construed to "involve a person acting under color of state law committing the acts alleged." We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Frivolous in…