Juan Magana v. Fresno County Sheriffs Dept. ( 2013 )

FILED
NOT FOR PUBLICATION AUG 05 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN MAGANA, No. 12-56495
Plaintiff - Appellant, D.C. No. 2:12-cv-03583-DDP-
MAN
v.
FRESNO COUNTY SHERIFFS MEMORANDUM *
DEPARTMENT, official capacity (Fresno
County Jail N); et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted July 24, 2013
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Federal prisoner Juan Magana appeals pro se from the district court’s order
denying him leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action
alleging excessive force, medical deliberate indifference and due process claims.
We have jurisdiction under 28 U.S.C. § 1291. We review de novo the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
determination that a complaint lacks arguable substance in law or fact, and for an
abuse of discretion the denial of leave to proceed in forma pauperis. Tripati v.
First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987). We affirm.
The district court did not abuse its discretion by denying Magana leave to
proceed in forma pauperis because he failed to submit the statutorily required six
month prisoner trust fund account statement. See 28 U.S.C. § 1915(a)(2), (e)(2);
Page v. Torrey, 201 F.3d 1136, 1139 (9th Cir. 2000) (“[P]risoner-plaintiffs seeking
to proceed in forma pauperis [must] submit a certified copy of their prisoner trust
fund account statement for the previous six months.”). Moreover, Magana failed
to state a cognizable constitutional claim against the federal defendants and venue
was improper against the state defendants. See Tripati, 821 F.2d at 1370 (“A
district court may deny leave to proceed in forma pauperis at the outset if it appears
from the face of the proposed complaint that the action is frivolous or without
merit.”).
AFFIRMED.
2 12-56495