Cody Larum v. Silver State Industries

46 F.3d 1142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Cody LARUM, Plaintiff-Appellant, v. SILVER STATE INDUSTRIES, et al., Defendants-Appellees. No. 94-15623. United States Court of Appeals, Ninth Circuit. Submitted: Oct. 20, 1994. * Decided: Jan. 25, 1995. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Cody Larum, a Nevada state prisoner, 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). Larum contends that the district court erred in dismissing his claim since he was entitled to be paid the minimum wage under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Secs. 201-19 . Because Nevada prisoners are required by statute to engage in forty hours of labor per week, Nev. Rev. Stat. Ann. Sec. 209.461 (Michie 1993), Larum does not qualify as an "employee" within the meaning of the FLSA. Morgan v. MacDonald, F.3d , No. 92-16643, slip. op. 14817, 14821-22 (9th Cir. Dec. 2,…