Jimmie Stephen v. Jackie Lacy

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jimmie STEPHEN, Petitioner-Appellant, v. Jackie LACY, Respondent-Appellee. No. 93-56312. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Jimmie Stephen, a California state prisoner, appeals pro se the district court's sua sponte dismissal pursuant to 28 U.S.C. Sec. 1915 (d) of Stephen's 42 U.S.C. Sec. 1983 action against state prosecutors, the Los Angeles County Sheriff, and several sheriff's deputies. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 1 3 Section 1915(d) authorizes a federal district court to dismiss an action filed in forma pauperis if the court is satisfied that the action is frivolous. A complaint is frivolous where it lacks an arguable basis in either law or fact. Denton v. Hernandez, 112 S.Ct. 1728, 1733 (1992); Neitzke v. Williams, 490 U.S. 319, 325…