Antonio Garfield Black, Plaintiff-appellant, v. Deborah L. Barnes, Defendant-appellee, 60 F.3d 832 (9th Cir. 1995)

MEMORANDUM^** 

Federal prisoner Antonio Garfield Black appeals pro se the district court's 28 U.S.C. § 1915(d) dismissal of his action under Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). Black alleged that Federal Public Defender Deborah Barnes failed to provide constitutionally adequate representation during Black's criminal trial. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, Denton v. Hernandez, 504 U.S. 25, 33 (1992), and we affirm.

Black's claim does not have arguable basis in law or in fact because there is no jurisdictional basis for a Bivens action against a federal public defender on a claim of inadequate representation in a criminal proceeding. See Cox v. Hellerstein, 685 F.2d 1098, 1099 (9th Cir. 1982). Therefore, the district court did not abuse its discretion by dismissing this action without leave to amend. See Neitzke v. Williams, 490 U.S. 319, 324 (1989) (holding that in forma pauperis complaints that lack an arguable basis in fact or law may be dismissed before service of process under 28 U.S.C. § 1915(d)).

AFFIRMED.