Torricellas v. Poole

61 F.3d 912 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Theresa TORRICELLAS, Petitioner-Appellant, v. Susan E. POOLE, Warden; John Laudeman, Associate Warden; Martel, Appeals Examiner; Arthetta Martin; Frank Powell, Chief Deputy Warden; J. B. Stephens, Captain; L. L. Woods, Correctional Lieutenant, Respondents-Appellees. No. 94-56350. United States Court of Appeals, Ninth Circuit. Submitted July 17, 1995. * Decided July 20, 1995. Appeal from the United States District Court for the Central District of California, No. CV-94-05368-WMB; William Matthew Byrne, Jr., District Judge, Presiding. C.D.Cal. Vacated and Remanded. Before: FLETCHER, KOZINSKI, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Theresa Torricellas, a California state prisoner, appeals pro se the district court's denial of her application to file her civil rights action without prepayment of the filing fee. The district court held that Torricellas' action was frivolous pursuant to Neitzke v. Williams, 490…