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Riera v. Dep't of Homeland Sec.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 2, 2015
623 F. App'x 905 (9th Cir. 2015)

Opinion

No. 14-56877

12-02-2015

RODOLFO J. ROLDAN RIERA, AKA Rodifo J. Roldanriera, Plaintiff - Appellant, v. DEPARTMENT OF HOMELAND SECURITY; et al., Defendants - Appellees.


NOT FOR PUBLICATION

D.C. No. 5:14-cv-01404-GHK-AS MEMORANDUM Appeal from the United States District Court for the Central District of California
George H. King, District Judge, Presiding Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.

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

Rodolfo J. Roldan Riera, a.k.a. Rodifo J. Roldanriera, a detainee at the Adelanto Detention Center, appeals pro se from the district court's judgment dismissing for failure to provide a trust-account statement his action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. James v. Madison St. Jail, 122 F.3d 27 (9th Cir. 1997). We vacate and remand.

The district court dismissed Riera's action because Riera failed to comply with the district court's orders instructing him to file a completed "Certificate of Authorized Officer" along with a certified copy of his trust account statement. See 28 U.S.C. § 1915(a) (requirements for person seeking to bring a civil action without prepayment of fees). However, in the verified declaration in his notice of appeal, Riera asserts that the Adelanto Detention Center did not provide him with the required documents, and that he timely informed the district court of this issue. Accordingly, we vacate and remand for further proceedings.

VACATED and REMANDED.


Summaries of

Riera v. Dep't of Homeland Sec.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 2, 2015
623 F. App'x 905 (9th Cir. 2015)
Case details for

Riera v. Dep't of Homeland Sec.

Case Details

Full title:RODOLFO J. ROLDAN RIERA, AKA Rodifo J. Roldanriera, Plaintiff - Appellant…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 2, 2015

Citations

623 F. App'x 905 (9th Cir. 2015)