Misako Seater v. California State University, Fullerton State of California

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Misako SEATER, Plaintiff-Appellant, v. CALIFORNIA STATE UNIVERSITY, FULLERTON; State of California, Defendants-Appellees. No. 93-56688. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. IN PART AND VACATED AND REMANDED IN PART. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Misako Seater appeals pro se the district court's denial of her request to proceed in forma pauperis under 28 U.S.C. Sec. 1915 . In her civil rights action, Seater alleged she was subjected to sexual harassment and racial discrimination. The district court found the defendants immune from suit under the Eleventh Amendment and, therefore, found Seater's action to be frivolous. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and review for abuse of discretion, see O'Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir.1990). We affirm in part and vacate and remand in part. 3…