Keith Alan Robbins v. Sam Lewis

24 F.3d 248 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Keith Alan ROBBINS, Plaintiff-Appellant, v. Sam LEWIS, et al., Defendants-Appellees. No. 92-17052. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 21, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Keith Alan Robbins, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. Sec. 1983 action against prison officials. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and affirm. 3 The district court may dismiss an action sua sponte before service of process if the action is frivolous. 28 U.S.C. Sec. 1915 (d); Neitzke v. Williams, 490 U.S. 319, 324 (1989). An action is frivolous if it lacks an arguable basis either in law or in fact. Id. at 325 . 4 Robbins's complaint alleges that when he was transferred to a new…