Harvey v. Foote

92 F.3d 1192 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William Donald HARVEY, Plaintiff-Appellant, v. John S. FOOTE, Acting Director of the Oregon Department of Corrections; S. Frank Thompson, Superintendent of the Oregon State Penitentiary, Defendants-Appellees. No. 95-35573. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1996. * Decided Aug. 5, 1996. Before: HUG, Chief Judge, SCHROEDER and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Oregon state prisoner William Donald Harvey appeals pro se the district court's 28 U.S.C. § 1915 (d) dismissal of his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights by implementing regulations that banned smoking at the Oregon state penitentiary. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 We review for abuse of discretion a district court's dismissal of an in forma pauperis complaint pursuant to 28 U.S.C. § 1915 (d). Denton v.…