Stanley Ezell Singleton, Plaintiff-appellant, v. Lisa Torras; Gary Burger, Defendants-appellants, 92 F.3d 1194 (9th Cir. 1996)
Annotate this CaseBefore: HUG, Chief Judge, SCHROEDER and TASHIMA, Circuit Judges.
MEMORANDUM**
Stanley Ezell Singleton ("Singleton"), a California state prisoner, appeals pro se the district court's 28 U.S.C. § 1915(d) dismissal of his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
We review the district court's sua sponte dismissal of Singleton's complaint pursuant to 28 U.S.C. § 1915(e) (2) (B) (i), prior to service of process, for abuse of discretion. See Denton v. Hernandez, 504 U.S. 25, 33 (1992).
Because the district court concluded that Singleton's 1983 complaint raised a habeas claim, the district court did not err by dismissing the complaint without prejudice. See Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir. 1995) (per curiam).
AFFIRMED.1
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir.R. 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
Because of our disposition of this appeal, we do not consider the applicability, if any, of the Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996) to this appeal
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
