Toney A. Johnson v. James Gomez, Director

50 F.3d 14 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Toney A. JOHNSON, Plaintiff-Appellant, v. James GOMEZ, Director; et al., Defendants-Appellees. No. 94-16845. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 9, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Toney A. Johnson appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 claim as frivolous under 28 U.S.C. Sec. 1915 (d). We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review for abuse of discretion a district court's dismissal of an action pursuant to section 1915(d). Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). Section 1915(d) authorizes a district court to dismiss sua sponte an in forma pauperis complaint before service of process if the court is satisfied that the action is frivolous. Id. at 1733 . A complaint is frivolous if "it lacks an arguable basis either in law or in…