35 F.3d 570 (9th Cir. 1994), 94-15478, Grant v. Wong

Docket Nº:94-15478, 94-15499.
Citation:35 F.3d 570
Party Name:William GRANT, Plaintiff-Appellant, v. George WONG, President of Bel Air Market, Defendant-Appellee. William GRANT, Plaintiff-Appellant, v. Arsenio HALL, Defendant-Appellee.
Case Date:August 30, 1994
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 570

35 F.3d 570 (9th Cir. 1994)

William GRANT, Plaintiff-Appellant,

v.

George WONG, President of Bel Air Market, Defendant-Appellee.

William GRANT, Plaintiff-Appellant,

v.

Arsenio HALL, Defendant-Appellee.

Nos. 94-15478, 94-15499.

United States Court of Appeals, Ninth Circuit

August 30, 1994

        Submitted August 23, 1994. [*]

         Editorial Note:

         This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

        Appeal from the United States District Court, for the Eastern District of California, D.C. No. MISC-94-00015-EJG; Edward J. Garcia, District Judge, Presiding.

        E.D.Cal.

        AFFIRMED.

        Appeal from the United States District Court, for the Eastern District of California, D.C. No. MISC-94-00020-GEB; Garland E. Burrell, Jr., District Judge, Presiding.

        Before: WALLACE, Chief Judge, HUG, and RYMER, Circuit Judges.

        MEMORANDUM [**]

        In this consolidated action, William P. Grant, appeals pro se, the district court's dismissal of his two complaints prior to service of process. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

        Frivolous in forma pauperis complaints may be dismissed sua sponte before service of process under section 1915(d). Neitzke v. Williams, 490 U.S. 319, 324 (1989). We review the district court's determination that a complaint is frivolous under section 1915(d) for abuse of discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). A complaint is frivolous if "it lacks an arguable basis either in law or in fact." Neitzke, 490 U.S. at 325; McKeever v. Block, 932 F.2d 795, 798 (9th Cir.1991). A claim is legally frivolous if it is based on an indisputably meritless legal theory. Neitzke, 490 U.S. at 327. In civil rights actions where the plaintiff appears pro se, the court must construe the pleadings liberally and afford the plaintiff the benefit of any doubt. Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 623 (9th Cir.1988).

  1. Grant v. Wong, No. 92-15478

            In this action, Grant alleged that supermarket pharmacists intentionally filled his prescriptions with poison. The district court dismissed the complaint without prejudice, finding that Grant had failed to establish the existence of either federal or diversity jurisdiction. The court allowed...

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