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Bowen v. Astrue

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
487 F. App'x 353 (9th Cir. 2012)

Summary

affirming the district court's dismissal of an in forma pauperis application where the plaintiff's complaint "contained indecipherable facts and unsupported legal assertions"

Summary of this case from Marcos-Chavela v. Clinton

Opinion

No. 11-55935 D.C. No. 2:11-cv-01619-UA-SS

10-16-2012

TRESA LEOLA BOWEN, Plaintiff - Appellant, v. MICHAEL J. ASTRUE, Commissioner for Social Security Administration, Defendant - Appellee.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Central District of California

Audrey B. Collins, District Judge, Presiding

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Tresa Leola Bowen appeals pro se from the district court's order denying her application to proceed in forma pauperis ("IFP") in her action against the Commissioner of Social Security. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's determination that a complaint lacks arguable substance in law or fact, and for an abuse of discretion the denial of IFP. Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987). We affirm.

The district court properly denied Bowen's IFP application after concluding that her complaint, which contained indecipherable facts and unsupported legal assertions, was frivolous. See id. 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[.]"); see also O'Loughlin v. John Doe, 920 F.2d 614, 617 (9th Cir. 1990) ("An in forma pauperis complaint is frivolous if it has no arguable basis in fact or law." (citation and internal quotation marks omitted)).

All pending motions are denied.

AFFIRMED.


Summaries of

Bowen v. Astrue

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 16, 2012
487 F. App'x 353 (9th Cir. 2012)

affirming the district court's dismissal of an in forma pauperis application where the plaintiff's complaint "contained indecipherable facts and unsupported legal assertions"

Summary of this case from Marcos-Chavela v. Clinton
Case details for

Bowen v. Astrue

Case Details

Full title:TRESA LEOLA BOWEN, Plaintiff - Appellant, v. MICHAEL J. ASTRUE…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 16, 2012

Citations

487 F. App'x 353 (9th Cir. 2012)

Citing Cases

Marcos-Chavela v. Clinton

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