Timothy Young v. United States

FILED
NOT FOR PUBLICATION JAN 04 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TIMOTHY DOYLE YOUNG, No. 10-17916
Petitioner - Appellant, D.C. No. 4:10-cv-00957-SBA
v.
MEMORANDUM *
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court
for the Northern District of California
Saundra B. Armstrong, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Federal prisoner Timothy Doyle Young appeals pro se from the district
court’s order dismissing his petition for writ of habeas corpus under 28 U.S.C.
§ 2241(c)(3). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The district court did not abuse its discretion by dismissing the action
because Young failed to pay the filing fee and failed to comply with the deadline
set by the district court for remedying the deficiencies in his in forma pauperis
application. See 28 U.S.C. § 1915(a)(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.”); James v. Madison Street Jail, 122 F.3d 27, 28 (9th Cir.
1997) (“[T]he rule for timely filing applicable to pro se prisoners . . . applies to the
filing of trust-account statements as required by § 1915(a)(2).”).
AFFIRMED.
2 10-17916