Frank Everett Voth v. Steven B. Herrell Keith Meisenheimer

38 F.3d 1219 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank Everett VOTH, Plaintiff-Appellant, v. Steven B. HERRELL; Keith Meisenheimer, Defendants-Appellees. No. 93-35870. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 21, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Frank Voth, an Oregon state prisoner, appeals pro se the district court's dismissal of his complaint with prejudice as frivolous under 28 U.S.C. 1915(d). The district court construed Voth's complaint as a civil rights action, under 42 U.S.C. Sec. 1983 . We have jurisdiction under 42 U.S.C. Sec. 1291 . We review for an abuse of discretion, Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992), and affirm. 3 Section 1915(d) authorizes federal courts to dismiss a claim filed in forma pauperis if the allegation of poverty is untrue or if satisfied that the action is frivolous or malicious. A complaint is frivolous where it lacks an arguable…