Gary St. Hilaire v. Maricopa County Sheriff's Office

68 F.3d 481 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary ST. HILAIRE, Plaintiff-Appellant, v. MARICOPA COUNTY SHERIFF'S OFFICE, Defendant-Appellee. No. 95-15675. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1995. * Decided Oct. 20, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gary St. Hilaire, an Arizona state prisoner, 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. See Denton v. Hernandez, 504 U.S. 25, 33 (1992). The district court may dismiss an in forma pauperis complaint pursuant to 28 U.S.C. Sec. 1915 (d) if it is frivolous. Neitzke v. Williams, 490 U.S. 319, 325 (1989); McKeever v. Block, 932 F.2d 795, 798 (9th…