Johnson v. City of Mesa Arizona Police Dept.

97 F.3d 1459 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Richard JOHNSON, Plaintiff-Appellant, v. CITY OF MESA ARIZONA POLICE DEPARTMENT; John I-X Does, various employees and/or agents of the Mesa Arizona Police Department in their individual and official capacities; Defendants-Appellees. No. 95-15500. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1996. * Decided Sept. 12, 1996. Before: FLETCHER, BRUNETTI, and JOHN T. NOONAN, Jr., Circuit Judges. 1 MEMORANDUM ** 2 Donald Richard Johnson, a Utah state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action as frivolous. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand for further proceedings. 3 We review the district court's sua sponte dismissal prior to service of process for abuse of discretion. See Denton v. Hernandez, 504 U.S. 25, 33 (1992). The district court may dismiss an in forma pauperis complaint if it is…