John Dalton v. United States

MEMORANDUM

John William Dalton, a federal prisoner, appeals pro se from the district court’s order denying his application for leave to proceed in forma pauperis under 28 U.S.C. § 1915 (a), and subsequent judgment dismissing his action alleging constitutional violations arising from an investigation into his criminal activities and subsequent arrest. 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 review for an abuse of discretion the denial of leave to file a complaint in forma pauperis. 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 Dalton’s request to proceed in forma pauperis because it appears from the face of the complaint that the action is Uee/c-barred. See Heck v. Humphrey, 512 U.S. 477, 487 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) (an action for damages is not cognizable under 42 U.S.C. § 1983 if “a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence ... unless the plaintiff can demonstrate that the conviction or sentence has…