Charles Oren Anderson v. Christina Penza

29 F.3d 630 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles Oren ANDERSON, Plaintiff-Appellant, v. Christina PENZA, et al., Defendants-Appellees. No. 94-15260. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 16, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Charles Oren Anderson, a Nevada state prisoner, appeals pro se the district court's dismissal of his action as frivolous under 28 U.S.C. Sec. 1915 (d). 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 sua sponte dismissal of a case as frivolous under 28 U.S.C. Sec. 1915 (d). Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). Under section 1915(d), a district court may dismiss an in forma pauperis complaint before service of process if the court is satisfied that the action is frivolous. Id. at 1730-31 . A complaint is frivolous if it "lacks an arguable basis in law…