White v. Racicot

87 F.3d 1326 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph Richard WHITE, Plaintiff-Appellant, v. Marc RACICOT, Governor; State of Montana; Lou Aleksich, Jr., Clerk of Court; Paul G. Hatfield, United States District Court Presiding Judge; United States District Court, Defendants-Appellees. No. 95-35791. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Joseph White appeals pro se the district court's dismissal of his complaint pursuant to 28 U.S.C. § 1915 (d). White sought a court order compelling the Governor of Montana, Marc Racicot, to grant clemency to death row prisoner Duncan McKenzie. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 We review the district court's sua sponte dismissal of White's complaint pursuant to 28 U.S.C. § 1915 (d), prior to service of process, for an abuse of discretion. See Denton v.…