Michael Paul Pierce v. Richard A. Vernon, Director, Idaho Department of Corrections, and James Hope, Warden of the Idaho Corrections Institution

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Paul PIERCE, Plaintiff-Appellant, v. Richard A. VERNON, Director, Idaho Department of Corrections, Defendant-Appellee, and James Hope, Warden of the Idaho Corrections Institution, Defendant. No. 94-35015. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided May 4, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Michael P. Pierce, an Idaho 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. 1915(d). We have jurisdiction under 28 U.S.C. Sec. 1291 . We review for an abuse of discretion the district court determination that a complaint is frivolous under section 1915(d), Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm. 3 Pierce contends that the district court erred by dismissing his complaint without serving it upon the defendants and that he has a right to…