From Casetext: Smarter Legal Research

McCarthy v. Goldman (In re McCarthy)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 17, 2012
No. 10-56742 (9th Cir. Oct. 17, 2012)

Opinion

No. 10-56742 D.C. No. 2:10-cv-06347-RGK

10-17-2012

In re: PETER THOMAS McCARTHY, Debtor, PETER THOMAS McCARTHY, Appellant, v. AMY L. GOLDMAN, Chapter 7 Trustee, Appellee, and NATURE'S WING FIN DESIGN, LLC, Appellee-Intervenor.


NOT FOR PUBLICATION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

R. Gary Klausner, District Judge, Presiding

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

Peter Thomas McCarthy appeals pro se from the district court's order denying his application to proceed in forma pauperis. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987), and we affirm.

The district court did not abuse its discretion by denying McCarthy's request to proceed in forma pauperis in light of the monthly income and assets McCarthy reported in his financial affidavit. See Rowland v. Cal. Men's Colony, 506 U.S. 194, 203 (1993) (an individual is indigent under 28 U.S.C. § 1915 if he is unable to pay fees and still provide the necessities of life for himself and any dependents).

McCarthy's contention that the district court failed to apply the correct legal standard is unpersuasive.

AFFIRMED.


Summaries of

McCarthy v. Goldman (In re McCarthy)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 17, 2012
No. 10-56742 (9th Cir. Oct. 17, 2012)
Case details for

McCarthy v. Goldman (In re McCarthy)

Case Details

Full title:In re: PETER THOMAS McCARTHY, Debtor, PETER THOMAS McCARTHY, Appellant, v…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 17, 2012

Citations

No. 10-56742 (9th Cir. Oct. 17, 2012)