Alicia M. Waite, Plaintiff-appellant, v. Donna E. Shalala,** Secretary, Health Andhuman Services, Defendant-appellee, 999 F.2d 546 (9th Cir. 1993)

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US Court of Appeals for the Ninth Circuit - 999 F.2d 546 (9th Cir. 1993) Submitted July 6, 1993. *Decided July 13, 1993

Before TANG, POOLE, and NORRIS, Circuit Judges.


MEMORANDUM*** 

Alicia M. Waite appeals pro se the district court's sua sponte dismissal pursuant to 28 U.S.C. § 1915(d) of her action challenging the Secretary of Health and Human Services' reduction of her Supplemental Security Income. Waite contends the district court erred by concluding the action was frivolous based upon her failure to exhaust administrative remedies. We review for abuse of discretion the district court's determination that a complaint is frivolous under section 1915(d), Denton v. Hernandez, 112 S. Ct. 1728, 1734 (1992), and we affirm the for the reasons stated in the district court's order denying Waite's motion for reconsideration.

AFFIRMED.

 *

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

 **

Donna E. Shalala is substituted for Louis W. Sullivan pursuant to Fed. R. App. P. 43(c)

 ***

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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