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Kelly v. Smith

United States Court of Appeals, Ninth Circuit
Aug 4, 2008
286 F. App'x 501 (9th Cir. 2008)

Opinion

No. 06-56570.

Submitted July 22, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 4, 2008.

Herman Kelly, Detroit, MI, pro se.

Appeal from the United States District Court for the Central District of California, Ronald S.W. Lew, District Judge, Presiding. D.C. No. CV-06-03108-RSWL.

Before: B. FLECTCHER, THOMAS and WARDLAW, Circuit Judges.


MEMORANDUM

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


Herman Kelly appeals pro se from the district court's order denying his motion to proceed in forma pauperis in his copyright infringement action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, O'Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990), and we affirm.

The district court did not abuse its discretion in finding that Kelly failed to demonstrate indigence in light of the income reported in his financial affidavit. See id. (affirming broad deference afforded to lower court in reviewing a denial of leave to proceed in forma pauperis).

All pending motions are denied.

AFFIRMED.


Summaries of

Kelly v. Smith

United States Court of Appeals, Ninth Circuit
Aug 4, 2008
286 F. App'x 501 (9th Cir. 2008)
Case details for

Kelly v. Smith

Case Details

Full title:Herman KELLY, Plaintiff-Appellant, v. Will SMITH; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 4, 2008

Citations

286 F. App'x 501 (9th Cir. 2008)