Gary Lane Melvin v. Robert Corbin

29 F.3d 633 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary Lane MELVIN, Plaintiff-Appellant, v. Robert CORBIN, et al., Defendants-Appellees. No. 93-17356. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 25, 1994. Before: FARRIS, KOZINSKI, and NOONAN, Circuit Judges. MEMORANDUM ** Arizona state prisoner Gary Lane Melvin appeals pro se the district court's 28 U.S.C. Sec. 1915 (d) dismissal as frivolous of his 42 U.S.C. Sec. 1983 action alleging that he was improperly charged by supervening indictment and was denied a preliminary hearing at his state criminal trial. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review a district court's order dismissing an action pursuant to 28 U.S.C. Sec. 1915 (d) (1988) for an abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We affirm. According to Melvin, Arizona's supervening indictment procedure violates due process in that it denied him his constitutionally…