Merwin Michael Hill v. State of Arizona

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Merwin Michael HILL, Plaintiff-Appellant, v. STATE OF ARIZONA, et al., Defendant-Appellee. No. 94-15455. Ninth Circuit. Submitted Feb. 15, 1995 * . Decided Feb. 22, 1995. Appeal from the United States District Court for the District of Arizona; No. CV-93-00084-CAM, Carl A. Muecke, District Judge, Presiding. D.Airz. [APPEALING AFTER REMAND FROM 17 F.3d 394 .] VACATED AND REMANDED. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Merwin Michael Hill, an Arizona state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. Sec. 1983 action prior to issuance and service of process pursuant to 28 U.S.C. Sec. 1915 (d). We have jurisdiction under 28 U.S.C. Sec. 1291 . We vacate and remand. 3 We review a section 1915(d) dismissal for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). A complaint is frivolous where it lacks an arguable basis in law or…