Donald Edward Beaty v. Samuel A. Lewis

85 F.3d 634 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald Edward BEATY, Plaintiff-Appellant, v. Samuel A. LEWIS, Defendant-Appellee. No. 95-16959. United States Court of Appeals, Ninth Circuit. Submitted April 30, 1996. * Decided May 6, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Donald Edward Beaty, an Arizona state prisoner sentenced to death, appeals pro se the 28 U.S.C. § 1915 (d) dismissal of his 42 U.S.C. § 1983 action against Samuel A. Lewis, Director of the Arizona Department of Corrections (ADOC). Beaty contends the district court erred by dismissing as frivolous his claim that disciplinary proceedings pursuant to ADOC Rule of Discipline R5-1-606 violated due process because the Rules of Discipline had been repealed. As the district court explained, the sections of the Arizona Administrative Code concerning certain Rules of Discipline were repealed because ADOC was exempt from complying with the Arizona…