Gregorio C. Funtanilla, Jr. v. D. Erwin

60 F.3d 833 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gregorio C. FUNTANILLA, Jr., Plaintiff-Appellant, v. D. ERWIN; et al., Defendants-Appellees. No. 94-15619. 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 California state prisoner Gregorio C. Funtanilla appeals pro se the district court's 28 U.S.C. Sec. 1915 (d) dismissal of his 42 U.S.C. Sec. 1983 action. Funtanilla alleged that the defendants denied him access to the courts by confiscating his legal mail. 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 vacate and remand. 3 In forma pauperis complaints that are frivolous may be dismissed before service of process under 28 U.S.C. Sec. 1915 (d). Neitzke v. Williams, 490 U.S. 319, 324 (1989); McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991). A…