Ross Fiorani v. Hewlett-Packard Corp.

MEMORANDUM

Ross A. Fiorani appeals pro se from the district. court’s order denying his motion for leave to proceed in forma pauperis (“IFP”) and its judgment dismissing his action alleging deceptive business practices for failure to comply with a court order. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir.1990) (IFP); Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.2002) (dismissal for failure to comply with a court order). We affirm.

The district court did not abuse its discretion in denying Fiorani’s motion for leave to proceed IFP because his application form was incomplete. See United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (per curiam) (facts in support of poverty must be stated with some particularity, definiteness, and certainty).

The district court did not abuse its discretion by dismissing Fiorani’s action with .prejudice for failure to obey the court’s order to comply with a pre-filing requirement imposed against him and to file a completed application to proceed IFP. See Pagtalunan, 291 F.3d at 642-43 (discussing the five factors for determining whether to dismiss for…