Lawrence Broadnax v. K. Carney Brad Coleman Bud Snider

36 F.3d 1102 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence BROADNAX, Plaintiff-Appellant, v. K. CARNEY; Brad Coleman; Bud Snider, Defendants-Appellees. No. 94-55291. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 22, 1994. Before: SNEED, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Lawrence Broadnax appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. Sec. 1983 action against prison food service personnel, alleging his civil rights were violated by the temporary use of manual dishwashing methods. A court's sua sponte dismissal of a complaint before issuance and service of process upon the defendants is construed as a dismissal as frivolous under 28 U.S.C. Sec. 1915 (d). Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989). We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). 3 A frivolous claim is one which lacks an arguable…