Unpublished Disposition, 883 F.2d 1024 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 883 F.2d 1024 (9th Cir. 1989)

Muharem KURBEGOVICH, Plaintiff-Appellant,v.D. VASQUEZ, Defendant-Appellee.

No. 88-2556.

United States Court of Appeals, Ninth Circuit.

Submitted July 25, 1989.* Decided Aug. 15, 1989.

Before BROWNING, KOZINSKI and RYMER, Circuit Judges.


Appellant appeals pro se the district court's dismissal of his civil rights action against the California Department of Corrections ("CDC") and others for conspiracy to execute him extralegally. After appellant moved to proceed in forma pauperis, the district court dismissed his action as frivolous pursuant to 28 U.S.C. § 1915(d). We affirm.

The district court may dismiss an in forma pauperis complaint when it has no arguable "substance in law or fact," Rizzo v. Dawson, 778 F.2d 527, 529 (9th Cir. 1985), or when it is "founded on wholly fanciful factual allegations." Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984) (internal quotation omitted). We review that dismissal de novo. Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987).

Appellant claims the CDC offered 500 other prisoners (including Charles Manson) early parole to involve him in a riot so officials could justify killing him, prison authorities injected him with AIDS and the CDC is attempting to "neutralize" him by tempting him into homosexuality and drug use. These allegations are frivolous on their face.



The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed. R. App. P. 34(a)


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