Jason Chester v. Tacoma Community College

MEMORANDUM

Jason Paul Chester appeals pro se from the district court’s order denying his application to proceed in forma pauperis. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the denial of leave to proceed in forma pauper-is. Tripoli v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.1987). We vacate and remand.

The district court correctly concluded that the operative complaint was without merit because Chester failed to state a cognizable claim. See id. 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.”); see also Barker v. Riverside Cnty. Office of Educ., 584 F.3d 821, 825-27 (9th Cir.2009) (discussing the anti-retaliation provisions of Title II of the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act); O’Guinn v. Lovelock Corr. Ctr., 502 F.3d 1056, 1060 (9th Cir. 2007) (setting forth the elements of a claim for failure to accommodate under Title II of the ADA and the Rehabilitation Act).

However, the court failed to provide Chester, who is pro se, notice of the defects of the…