Walker v. California Unemployment Ins. Appeals Bd.

Full title: Richie Ray WALKER, Plaintiff-Appellant, v. CALIFORNIA UNEMPLOYMENT…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 25, 2002

31 F. App'x 448 (9th Cir. 2002)

Opinion

31 Fed.Appx. 448 (9th Cir. 2002) Richie Ray WALKER, Plaintiff-Appellant, v. CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD, Defendant-Appellee. No. 01-55456. D.C. No. CV-01-00854-TJH. United States Court of Appeals, Ninth Circuit. February 25, 2002

Submitted February 11, 2002. ^*

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

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California, Terry J. Hatter, Jr., Chief Judge, Presiding.

Before B. FLETCHER, T.G. NELSON, and TALLMAN, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Richie Ray Walker appeals pro se the district court's order denying him leave to proceed in forma pauperis on the grounds that his complaint was frivolous. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion the district court's denial of leave to proceed in

Page 449.

forma pauperis, and we review de novo the district court's apparent determination that the complaint lacked arguable substance in law or fact. Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.1987). We affirm.

Because Walker's complaint lacks any arguable basis in either law or fact, the district court properly denied leave to proceed in forma pauperis. See id.; see also Wood v. Sargeant, 694 F.2d 1159, 1161 (9th Cir.1982) (holding that an action against the California Unemployment Insurance Appeals Board is barred by the Eleventh Amendment).

The pending motion for summary judgment is denied.

AFFIRMED.