Jose L. Admiral Rossell v. James Thomas

34 F.3d 1073 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose L. Admiral ROSSELL, Plaintiff-Appellant, v. James THOMAS, Defendant-Appellee. No. 94-15581. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 29, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Jose L. Admiral Rossell appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous under 28 U.S.C. Sec. 1915 (d). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm in part and vacate and remand in part. 3 We review for abuse of discretion the district court's dismissal of a case as frivolous under section 1915(d). Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). Under section 1915(d), a district court may dismiss sua sponte an in forma pauperis complaint before service of process if the court is satisfied that the action is frivolous. Id. at 1733 . A complaint is frivolous if…