Ilich Vargas v. John McMahon

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 14 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ILICH VARGAS, No. 16-55816
Plaintiff-Appellant, D.C. No. 5:16-cv-00231-R-KES
v.
MEMORANDUM*
JOHN MCMAHON, San Bernardino
County Sheriff, in his individual and official
capacities; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted March 13, 2018**
Before: THOMAS, Chief Judge, and TROTT and SILVERMAN,
Circuit Judges.
Pretrial detainee Ilich Vargas appeals pro se from the district court’s order
denying his application to proceed in forma pauperis (“IFP”) in his 42 U.S.C. §
1983 action alleging constitutional claims arising from his pending state criminal
*
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).
proceedings and his custody in San Bernardino County’s West Valley Detention
Center. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
discretion. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990). We affirm.
The district court did not abuse its discretion by denying Vargas’s motion to
proceed IFP because Vargas failed to allege facts in his proposed complaint
sufficient to state a claim. See id. at 616-17 (district court may deny leave to
proceed IFP “‘at the outset if it appears from the face of the proposed complaint
that the action is frivolous or without merit’”) (quoting Tripati v. First Nat’l Bank
& Trust, 821 F.2d 1368, 1370 (9th Cir. 1987).
AFFIRMED.
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