Jerry Dempsey McIntyre v. Andrew M. Leavitt

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry Dempsey McINTYRE, Plaintiff-Appellant, v. Andrew M. LEAVITT, et al., Defendants-Appellees. No. 94-15121. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 8, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Jerry D. McIntyre, a Nevada State prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous pursuant to 28 U.S.C. Sec. 1915 (d). In his action, McIntyre seeks monetary damages from defendants Leavitt, Moran and Weinstock, who allegedly violated his Constitutional rights by denying him effective assistance of counsel when they represented him in his direct criminal appeal. 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 Pursuant to 28 U.S.C. Sec. 1915 (d), the district court may dismiss an action…