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Ueon Bak v. Potter

United States Court of Appeals, Ninth Circuit
Jan 10, 2012
465 F. App'x 705 (9th Cir. 2012)

Opinion

Submitted December 19, 2011

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

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Central District of California. D.C. No. 8:10-cv-00983-UA-DUTY. Audrey B. Collins, Chief Judge, Presiding.

UEON BAK, Plaintiff - Appellant, Pro se, Midway, CA.


Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.

MEMORANDUM

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

Ueon Bak appeals pro se from the district court's order denying his request for leave to proceed in forma pauperis. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the determination that a complaint lacks arguable substance in law or fact, and for an abuse of discretion the denial of leave to proceed in forma pauperis. Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987). We affirm.

The district court properly concluded that " the face of the proposed complaint" showed that Bak's claims had " no arguable substance in law or fact." Id. at 1370; see also 42 U.S.C. § 2000e-5 (establishing Title VII's administrative exhaustion requirement, as well as the time for a claimant to file an administrative charge and a civil action); Cal. Civ. Proc. Code § § 335.1, 338(d) (establishing a two-year statute of limitations for personal injury claims, and a three-year statute of limitations for fraud claims); Legg v. Ford, 185 Cal.App.2d 534, 8 Cal.Rptr. 392, 397 (Ct.App. 1960) (" Subornation of perjury, being a crime and not a tort, is subject to criminal prosecution brought in the interest of the state and not to redress a private wrong." ). Accordingly, the district court did not abuse its discretion by denying Bak's request to proceed in forma pauperis.

Bak's remaining contentions are unpersuasive.

AFFIRMED.


Summaries of

Ueon Bak v. Potter

United States Court of Appeals, Ninth Circuit
Jan 10, 2012
465 F. App'x 705 (9th Cir. 2012)
Case details for

Ueon Bak v. Potter

Case Details

Full title:UEON BAK, Plaintiff - Appellant, v. JOHN E. POTTER, Postmaster General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 10, 2012

Citations

465 F. App'x 705 (9th Cir. 2012)

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The Ninth Circuit affirmed. See Bak v. Potter, 465 Fed.App'x 705 (9th Cir.), cert. denied, 133 S.Ct.…