Antonio Garfield Black v. Deborah L. Barnes

60 F.3d 832 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Antonio Garfield BLACK, Plaintiff-Appellant, v. Deborah L. BARNES, Defendant-Appellee. No. 93-16435. United States Court of Appeals, Ninth Circuit. Submitted June 26, 1995. * Decided June 30, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Antonio Garfield Black appeals pro se the district court's 28 U.S.C. Sec. 1915 (d) dismissal of his action under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). Black alleged that Federal Public Defender Deborah Barnes failed to provide constitutionally adequate representation during Black's criminal trial. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review for abuse of discretion, Denton v. Hernandez, 504 U.S. 25, 33 (1992), and we affirm. 3 Black's claim does not have arguable basis in law or in fact because there is no jurisdictional basis for a Bivens action against a…