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Downs v. Becerra

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 16, 2018
No. 15-15157 (9th Cir. Apr. 16, 2018)

Opinion

No. 15-15157

04-16-2018

GREGORY DOWNS, Plaintiff-Appellant, v. XAVIER BECERRA, California Attorney General, Defendant-Appellee.


NOT FOR PUBLICATION

D.C. No. 2:14-cv-00605-MCE-CMK MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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 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.


Summaries of

Downs v. Becerra

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 16, 2018
No. 15-15157 (9th Cir. Apr. 16, 2018)
Case details for

Downs v. Becerra

Case Details

Full title:GREGORY DOWNS, Plaintiff-Appellant, v. XAVIER BECERRA, California Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 16, 2018

Citations

No. 15-15157 (9th Cir. Apr. 16, 2018)