Legal Opinion
Eddie Lopez v. Dept. Of Health Services
Court of Appeals for the Ninth Circuit
Decided July 30, 1991No. 90-16747PublishedCited by 191 opinions
1Per curiam
Eddie Lopez appeals pro se the district court’s sua sponte dismissal of his 42 U.S.C. § 1983 action. In his complaint, Lopez alleged that he was denied medical services because of his indigency. We review de novo, Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989), and vacate and remand.
The district court’s sua sponte dismissal of an in forma pauperis complaint before service of process upon the defendants is construed as a dismissal as frivolous under 28 U.S.C. § 1915(d). Id. A frivolous claim is one which lacks an arguable basis in either law or fact. Neitzke v. Williams, 490 U.S. 319,…
2Cases cited10 opinions
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- West v. AtkinsSupreme Court of the United States · 1988
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Parratt v. TaylorSupreme Court of the United States · 1981
- Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by191 opinions
- Groman v. Township Of ManalapanCourt of Appeals for the First Circuit · 1995
- Naoko Ohno v. Yuko YasumaCourt of Appeals for the Ninth Circuit · 2013
- Billings v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- Delew v. WagnerCourt of Appeals for the Ninth Circuit · 1998
- Shoshone-Bannock Tribes v. Fish & Game Commission, IdahoCourt of Appeals for the Ninth Circuit · 1994
186 more not listed; retrieve them via the Exa API.