Juan Magana v. Fresno County Sheriffs Dept.

MEMORANDUM

Federal prisoner Juan Magana appeals pro se from the district court’s order denying him leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action alleging excessive force, medical deliberate indifference and due process claims. 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 pauper-is. Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.1987). We affirm.

The district court did not abuse its discretion by denying Magana leave to proceed in forma pauperis because he failed to submit the statutorily required six month prisoner trust fund account statement. See 28 U.S.C. § 1915 (a)(2), (e)(2); Page v. Torrey, 201 F.3d 1136, 1139 (9th Cir.2000) (“[Pjrisoner-plaintiffs seeking to proceed in forma pauperis [must] submit a certified copy of their prisoner trust fund account statement for the previous six months.”). Moreover, Magana failed to state a cognizable constitutional claim against the federal defendants and venue was improper against the state defendants. See Tripati, 821 F.2d at 1370…