Eric J. Holden v. State of Alaska, Department of Corrections Fraunk Sauser, Superintendent of Hiland Mountain Corrections Center

81 F.3d 168 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eric J. HOLDEN, Plaintiff-Appellant, v. STATE OF ALASKA, Department of Corrections; Fraunk Sauser, Superintendent of Hiland Mountain Corrections Center, Defendants-Appellees. No. 95-35148. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1996. * Decided March 18, 1996. Before: GOODWIN, WIGGINS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Eric Holden, an Alaska state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action alleging Eighth Amendment violations arising from his exposure to asbestos while incarcerated. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 "We review for abuse of discretion the district court's dismissal pursuant to [ 28 U.S.C. § 1915 (d) ]." Trimble v. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir.1995) (per curiam) (citing Denton v. Hernandez, 504 U.S. 25, 31-33 (1992)). "The law is well-settled that 'a federal…