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Lewis v. United States

filed*fn*: March 4, 1992.

ROSALINE B. LEWIS, PLAINTIFF-APPELLANT,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE.



Appeal from the United States District Court for the Northern District of California. William A. Ingram, Chief Judge, Presiding. D.C. No. CV-90-20235-WAI

Before: Canby, Norris and Leavy, Circuit Judges.

MEMORANDUM

Rosaline B. Lewis appeals pro se the district court's dismissal of her action for supplemental social security income disability benefits. We interpret the district court's sua sponte dismissal of the in forma pauperis complaint before service of process as a dismissal pursuant to 28 U.S.C. § 1915(d). Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989). We review de novo, id., and affirm.

Frivolous in forma pauperis complaints may be dismissed sua sponte under 28 U.S.C. § 1915(d). Neitzke v. Williams, 490 U.S. 319, 324 (1989). A complaint is frivolous "where it lacks an arguable basis either in law or fact." Id. at 325.

The district court properly dismissed Lewis's complaint because it lacks an arguable basis in law. See id. Lewis's claims have previously been actually and necessarily determined against her by courts of competent jurisdiction. See Lewis v. Sullivan, No. 89-15575 (May 10, 1990) (unpublished memorandum Disposition). Therefore, Lewis is estopped from relitigating these issues. See Montana v. United States, 440 U.S. 147, 153 (1979).

AFFIRMED.

Disposition

AFFIRME ...


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