Lacey Mark Sivak, Plaintiff-appellant, v. Timothy D. Wilson; Dave Paskett; James Barker, Defendants-appellees, 70 F.3d 1280 (9th Cir. 1995)

MEMORANDUM^** 

Lacey Mark Sivak, an Idaho state prisoner, appeals pro se the district court's 28 U.S.C. § 1915(d) dismissal of his 42 U.S.C. § 1983 action against defendants. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review a dismissal pursuant to 28 U.S.C. § 1915(d) for abuse of discretion, Denton v. Hernandez, 504 U.S. 25, 33 (1992), and affirm.

With respect to Sivak's allegations about lost legal property, the district court did not abuse its discretion by dismissing the claims as precluded by res judicata. The district court also did not abuse its discretion by dismissing Sivak's access to courts claims as frivolous because they lacked an arguable basis in law or fact. See Neitzke v. Williams, 490 U.S. 319, 321 (1989).

AFFIRMED.