Mel M. Marinkovic v. James H. Davis

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mel M. MARINKOVIC, Plaintiff-Appellant, v. James H. DAVIS, Defendant-Appellee. No. 92-55153. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 10, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Mel Marinkovic appeals pro se the district court's 28 U.S.C. Sec. 1915 (d) dismissal of his 18 U.S.C. Sec. 1962 action against his former attorney. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and affirm. 3 Frivolous in forma pauperis complaints may be dismissed sua sponte under 28 U.S.C. Sec. 1915 (d). Neitzke v. Williams, 490 U.S. 319, 324 (1989). A complaint is frivolous "where it lacks an arguable basis either in law or in fact." Id. at 325 . 4 Marinkovic brought a Racketeer Influenced and Corrupt Organizations Act (Rico) action against his former attorney.…