Brian S. Faile v. Lupe Gunderson

94 F.3d 651 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian S. FAILE, Plaintiff-Appellant, v. Lupe GUNDERSON, Defendant-Appellee. No. 94-16284. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 16, 1996. Before: BROWNING, SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Nevada prisoner Brian S. Faile appeals pro se the district court's 28 U.S.C. § 1915 (d) dismissal of his 42 U.S.C. § 1983 action for declaratory and injunctive relief. Faile alleges that Nevada Board of Parole Commissioners are denying his equal protection and due process rights by refusing to release him on parole. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. Trimble v. City of Santa Rosa, 49 F.3d 583, 584 (9th Cir.1995). We affirm in part, but vacate and remand for modification of the judgment. 3 A complaint may be dismissed as frivolous if "it lacks an arguable basis in either law or in fact." Neitzke…