Larry B. Hall v. Samuel L. Lewis J.C. Keeney George Herman

57 F.3d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry B. HALL, Plaintiff-Appellant, v. Samuel L. LEWIS; J.C. Keeney; George Herman, Defendants-Appellees. No. 94-17068. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 8, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Larry B. Hall appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as frivolous pursuant to 28 U.S.C. Sec. 1915 (d). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand for further proceedings. 3 We review the district court's sua sponte dismissal prior to service of process for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). An in forma pauperis complaint may be dismissed before service of process under 28 U.S.C. Sec. 1915 (d) if it is frivolous. Neitzke v. Williams, 490 U.S. 319, 324 (1989); Jackson v. Arizona, 885 F.2d 639,…