Isaac Cortez v. G. Fletcher T. Gambone B. Zabor

37 F.3d 1504 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Isaac CORTEZ, Plaintiff-Appellant, v. G. FLETCHER; T. Gambone; B. Zabor, Defendants-Appellees. No. 93-36143. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 6, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Washington state prisoner Isaac Cortez appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. Sec. 1983 action as frivolous under 28 U.S.C. Sec. 1915 (d). Cortez contends that defendant prison officials were deliberately indifferent to his serious medical needs. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and vacate and remand. 3 Pursuant to 28 U.S.C. Sec. 1915 (d), a district court may dismiss a complaint sua sponte before issuance and service of process only if it is frivolous. Neitzke v. Williams, 490 U.S. 319, 324 (1989). A…