Jesse Wayne Kuntz v. Perry Wilson
Opinion
Opinion
33 F.3d 59 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jesse Wayne KUNTZ, Plaintiff-Appellant, v. Perry WILSON, et al., Defendant-Appellee. No. 94-35221. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 10, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Jesse Wayne Kuntz, 1 appeals pro se, the district court's sua sponte dismissal of his action prior to service of process. Kuntz's complaint, brought pursuant to 42 U.S.C. Sec. 1983 , alleged that defendant prison officials violated his constitutional rights by strip searching him in front of a female correctional officer. We have jurisdiction pursuant to 28 U.S.C. 1291, and we affirm. 3 Frivolous in forma pauperis complaints may be dismissed sua sponte before service of process under section 1915(d). Neitzke v. Williams, 490 U.S. 319, 324 (1989). We review the district court's determination that a complaint is frivolous under section 1915(d) for…