Russell E. Newman v. James H. Gomez, Director, Department of Corrections

56 F.3d 72 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Russell E. NEWMAN, Plaintiff-Appellant, v. James H. GOMEZ, Director, Department of Corrections; et al., Defendants-Appellees. No. 94-16437. United States Court of Appeals, Ninth Circuit. Submitted April 14, 1995. * Decided May 22, 1995. Before: TANG, SCHROEDER, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Russell E. Newman appeals pro se the district court's dismissal pursuant to 28 U.S.C. Sec. 1915 (d) of his 42 U.S.C. Sec. 1983 civil rights action. Newman alleges that while incarcerated at Pelican Bay State Prison the defendants, several California prison officials, violated his constitutional rights. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm in part, and vacate and remand in part. 3 We review for abuse of discretion a district court's dismissal of an action as frivolous under 28 U.S.C. Sec. 1915 (d). Denton v. Hernandez, 112 S. Ct. 1728, 1734 (1992). In forma…