Terry Lee Barker v. Denise Randall

54 F.3d 785 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry Lee BARKER, Plaintiff-Appellant, v. Denise RANDALL, et al. Defendants-Appellees. No. 93-35767. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1995. * Decided May 17, 1995. Before: BROWNING, REAVLEY, ** and NORRIS, Circuit Judges. 1 MEMORANDUM *** 2 Terry Barker appeals the dismissal of his complaint under 28 U.S.C. Sec. 1915 (d). A district court may dismiss an in forma pauperis complaint under Sec. 1915(d) as frivolous if it lacks an arguable basis in law or fact. Lopez v. Dep't of Health Services, 939 F.2d 881, 882 (9th Cir. 1991). We agree with the district court that the complaint lacks an arguable basis in law. 3 The factual basis of Barker's amended complaint is that defendants allegedly took from him a copy of a Child Abuse Response and Evaluation Services (CARES) report. The report detailed interviews with the two children Barker was convicted of abusing. Legally, the complaint…