Unpublished Disposition, 880 F.2d 417 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 880 F.2d 417 (9th Cir. 1989)

Randall N. WIIDEMAN, Plaintiff-Appellant,v.FRANK PEREZ, individually and as an agent of Clark County,Nevada; Steve Wolfson, individually and as an agent of theDistrict Attorney of Clark County, Nevada; Robert Miller,individually and as an agent of Clark County, Nevada;Office of the District Attorney; County of Clark; LasVegas Metropolitan Police Department; John Moran,individually and as an agent of Clark County, Nevada; Stateof Nevada, John Does I through V, Defendants-Appellees,andCity of Las Vegas, Defendant.

No. 86-1601.

United States Court of Appeals, Ninth Circuit.

Submitted*  May 24, 1989.

Decided July 18, 1989.As Amended July 26, 1989.

Before TANG, NELSON and REINHARDT, Circuit Judges.

MEMORANDUM** 

Randall N. Wiideman, Nevada state prisoner, appeals pro se the district court's order denying his motion for leave to proceed in forma pauperis under 28 U.S.C. § 1915.

Wiideman's complaint raises arguable questions of law as to whether there was a valid subpoena issued to seize documents from the post office box in question and, as to whether police officer Perez and district attorney Wolfson were exceeding the scope of their duties. It is not frivolous within the meaning of Section 1915(d). Neitzke v. Williams, 57 U.S.L.W. 4493, 4496-97 (May 1, 1989).

The affidavit submitted by Wiideman supports his claim of indigency.

The judgment is reversed and remanded with instructions to allow Wiideman to file his complaint.

REVERSED and REMANDED.

 *

The panel unanimously agrees that this case is appropriate for submission without oral argument. Fed. R. App. P. 34(a); 9th Cir. 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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