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Steelman v. Cate

United States Court of Appeals, Ninth Circuit
Mar 8, 2010
370 F. App'x 788 (9th Cir. 2010)

Opinion

No. 08-56770.

Submitted February 16, 2010.

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

Filed March 8, 2010.

Appeal from the United States District Court for the Central District of California, Alicemarie H. Stotler, District Judge, Presiding. D.C. No. 5:08-cv-01321-UA-RZ.

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.



MEMORANDUM

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

John Steelman, a California state prisoner, appeals pro se from the district court's order denying his request to proceed without prepayment of filing fees. 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 Steelman's request to proceed without prepayment of filing fees because the claims in the complaint were based only on "contingent future events that may not occur as anticipated, or indeed may not occur at all," and therefore were not ripe. Scott v. Pasadena, Unified Sch. Dist., 306 F.3d 646, 662 (9th Cir. 2002) (internal quotation marks and citations omitted); see also Tripati, 821 F.2d 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 or without merit.").

AFFIRMED.


Summaries of

Steelman v. Cate

United States Court of Appeals, Ninth Circuit
Mar 8, 2010
370 F. App'x 788 (9th Cir. 2010)
Case details for

Steelman v. Cate

Case Details

Full title:John STEELMAN, Plaintiff-Appellant, v. Matthew CATE; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 8, 2010

Citations

370 F. App'x 788 (9th Cir. 2010)