Marvin J. Gregory Judy A. Gregory v. Dennis R. Scott Charles A. Baechler

29 F.3d 632 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marvin J. GREGORY; Judy A. Gregory, Plaintiffs-Appellants, v. Dennis R. SCOTT; Charles A. Baechler, et al., Defendants-Appellees. No. 93-35885. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 18, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Marvin J. and Judy A. Gregory ("the Gregorys") appeal pro se the district court's sua sponte dismissal of their 42 U.S.C. Sec. 1983 action prior to issuance and service of process. The Gregorys contend that their court appointed counsel and Judge Nordtvedt conspired with state officials to deprive them of their constitutional rights. We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm in part, reverse in part, and remand. 3 Pursuant to 28 U.S.C. Sec. 1915 (d), a district court may dismiss a complaint sua sponte before service of process only if it is…