Johnnie Cooper, Jr., AKA Bobby Smith v. State of Washington Daniel Kershner

29 F.3d 631 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Johnnie COOPER, Jr., aka Bobby Smith, Plaintiff-Appellant, v. STATE OF WASHINGTON; Daniel Kershner, Defendants-Appellees. No. 94-35162. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 6, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Johnnie Cooper, Jr., a Washington 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). Cooper contends that the defendants are liable under Sec. 1983 because the state court judge did not credit him with time served prior to trial and while in a drug rehabilitation program. 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).…