Julien H. Thompson v. Director, California Department of Corrections

42 F.3d 1402 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Julien H. THOMPSON, Plaintiff-Appellant, v. DIRECTOR, CALIFORNIA DEPARTMENT OF CORRECTIONS, Defendant-Appellee. No. 94-15315. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 4, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Julien H. Thompson 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). Thompson contends the district court erred by (1) dismissing his complaint; (2) denying his request for court-appointed counsel; and (3) denying his request for a certificate of probable cause. 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. 3 * Dismissal of Complaint 4 Under 28 U.S.C. Sec. 1915 (d), a district court may dismiss sua sponte an in…