Nathan Burgess v. Deputy A. Cruz

26 F.3d 129 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nathan BURGESS, Plaintiff-Appellant, v. Deputy A. CRUZ, Defendant-Appellee. No. 93-16063. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 7, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Nathan Burgess 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). Burgess filed this action against San Francisco Mayor Frank Jordan, Sheriff Michael Hennessey, Deputy Sheriff A. Cruz, the City and County of San Francisco (the "City"), and others, 1 alleging violations of his Eighth and Fourteenth Amendment rights. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm in part and reverse and remand in part. 3 Burgess contends that the district court abused its discretion by sua sponte dismissing as frivolous (1) his original complaint as to Jordan, Hennessey, and the City, and…