Unpublished Disposition, 931 F.2d 60 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 931 F.2d 60 (9th Cir. 1991)

Minor MOODY, Plaintiff-Appellant,v.John AVENENTI, et al., Defendants-Appellees.

No. 90-15895.

United States Court of Appeals, Ninth Circuit.

Submitted April 19, 1991.* Decided April 23, 1991.

Before POOLE, D.W. NELSON and NOONAN, Circuit Judges.

MEMORANDUM** 

Minor Moody, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action as frivolous. We review de novo, Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989), and affirm.

A district court may dismiss a frivolous in forma pauperis complaint sua sponte under 28 U.S.C. § 1915(d). Neitzke v. Williams, 490 U.S. 319, 325 (1989). A complaint is frivolous "where it lacks an arguable basis either in law or in fact." Id. Under section 1915(d), the term "frivolous" embraces both inarguable legal conclusions and fanciful factual allegations. Id.

Moody's amended complaint alleged that the defendants were violating his fifth and eighth amendment rights by conducting an "illegal study of the function of his body only to steal his soul." The complaint further alleged that prison officials were disturbing Moody by stealing his thoughts. Accordingly, the district court properly dismissed Moody's action as frivolous because his complaint lacks any arguable basis in law or fact. See id.

AFFIRMED.

 *

The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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