Douglas Edward Green v. April Robinson

53 F.3d 338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Douglas Edward GREEN, Plaintiff-Appellant, v. April ROBINSON, Defendant-Appellee. No. 94-16525. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 26, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Douglas Edward Green, an Arizona state prisoner, appeals pro se the district court's order construing his Fed.R.Civ.P. 27 ("Rule 27") petition as a complaint and dismissing the action as frivolous under 28 U.S.C. Sec. 1915 (d). We review a district court's dismissal pursuant to 28 U.S.C. Sec. 1915 (d) for an abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 * Background 4 Green submitted to the district court a form intended for prisoner complaints under 42 U.S.C. Sec. 1983 . On the form, Green indicated that he brought his action in order to…