Gregory Downs v. Xavier Becerra ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 16 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GREGORY DOWNS, No. 15-15157
Plaintiff-Appellant, D.C. No. 2:14-cv-00605-MCE-
CMK
v.
XAVIER BECERRA, California Attorney MEMORANDUM*
General,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
California state prisoner Gregory Downs appeals pro se from the district
court’s judgment dismissing for failure to prosecute Downs’s action alleging a
claim under the Americans with Disabilities Act. We have jurisdiction under 28
U.S.C. § 1291. We review for an abuse of discretion, James v. Madison Street
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Jail, 122 F.3d 27, 27 n.1 (9th Cir. 1997), and affirm.
The district court did not abuse its discretion by dismissing Downs’s action
because Downs failed to file an application to proceed in forma pauperis or pay the
filing fee by the deadline set by the district court. See 28 U.S.C. § 1915(a)(2);
Page v. Torrey, 201 F.3d 1136, 1139 (9th Cir. 2000) (explaining that the Prison
Litigation Reform Act “imposes specific filing requirements on prisoners seeking
to file civil actions in forma pauperis” and that these include a submission of “a
certified copy of their prisoner trust fund account statement for the previous six
months . . . .”); James, 122 F.3d at 28 (“We conclude that the rule for timely filing
applicable to pro se prisoners . . . applies to the filing of trust-account statements as
required by § 1915(a)(2).”).
All pending motions and requests are denied.
AFFIRMED.
2 15-15157