Grace Sueko Goya v. United States Navy

35 F.3d 570 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Grace Sueko GOYA, Plaintiff-Appellant, v. UNITED STATES NAVY, Defendant-Appellee. No. 94-15397. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 30, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Grace Sueko Goya appeals pro se the district court's dismissal of her complaint with prejudice. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review for abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and we affirm. 1 3 We construe the district court's sua sponte dismissal of Goya's in forma pauperis complaint before service of process as a dismissal as frivolous under 28 U.S.C. Sec. 1915 (d). See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). Dismissal is proper under section 1915(d) only if the complaint is frivolous. Id. A frivolous claim is one which lacks an arguable basis either in law or in fact. Denton,…