Jerry Hightower v. Tom House, Deputy Warden

56 F.3d 71 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry HIGHTOWER, Plaintiff-Appellant, v. Tom HOUSE, Deputy Warden, et al., Defendants-Appellees. No. 94-15122. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1995. * Decided May 5, 1995. Before: WALLACE, Chief Judge, HUG, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Jerry Hightower, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous under 28 U.S.C. Sec. 1915 (d). We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 This court reviews a district court's dismissal of an action under section 1915(d) for an abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). This court will affirm the dismissal only if the complaint "lacks any arguable basis in law or fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989). 4 The Eighth Amendment is "not a basis for broad prison reform." Hoptowit v. Ray, 682 F.2d 1237,…