Joseph J. Hayes Robert Shields v. Charles D. Marshall

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph J. HAYES; Robert Shields, Plaintiffs-Appellants, v. Charles D. MARSHALL, et al., Defendant-Appellee. No. 94-15363. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. IN PART, VACATED IN PART AND REMANDED. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Joseph W. Hayes and Robert Shields, California state prisoners, appeal pro se the district court's sua sponte dismissal of their 42 U.S.C. Sec. 1983 action prior to issuance and service of process. Appellants allege that defendant prison officials violated their constitutional rights under the Eighth and Fourteenth Amendments by imposing various sanctions following a disciplinary hearing that they were not permitted to attend. The district court denied appellants' request to proceed in forma pauperis and dismissed their suit as frivolous under 28 U.S.C. Sec. 1915 (d). We have jurisdiction…