Jimmie Johnson v. Secretary of Health and Human Services

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jimmie JOHNSON, Petitioner-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee. No. 94-56420. United States Court of Appeals, Ninth Circuit. Submitted Nov. 20, 1995. * Decided Nov. 24, 1995. Before: PREGERSON, NORRIS, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Jimmie Johnson appeals pro se the district court's summary dismissal of his civil rights action against the Secretary of Health and Human Services. The district court dismissed the action with prejudice because the complaint was unintelligible and incapable of amendment. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 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, 324 (1989); McKeever v. Block, 932 F.2d 795, 798 (9th Cir.1991). A complaint is frivolous if "it lacks an arguable basis either in law or in…