Antonio Garfield Black v. United States

28 F.3d 104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Antonio Garfield BLACK, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-17103. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 21, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Antonio Garfield Black, a federal prisoner, appeals pro se the district court's 28 U.S.C. Sec. 1915 (d) dismissal as frivolous of his action alleging that the government conspired to violate his civil rights by illegally issuing an indictment based upon 21 U.S.C. Sec. 841 (a)(1). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review for an abuse of discretion the district court's determination that a claim is frivolous. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). A frivolous claim is one which lacks an arguable basis in either law or fact. Id. at 1733 . 4 On August 11, 1989, an indictment was issued charging…