Marlon Blacher v. B. Dieball

MEMORANDUM

Marlon Blacher, a California state prisoner, appeals pro se from the district court’s order denying his request to proceed in forma pauperis (“IFP”) in his action alleging various claims in connection with prison disciplinary proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the denial of leave to proceed IFP, and review de novo a determination that a complaint lacks arguable substance in law or fact. Tripati v. First Natl Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.1987). We vacate and remand.

The district court properly concluded that Blacher’s international law claims were frivolous. See id. at 1370 . However, the court did not have the benefit of our recent decision in Rodriguez v. Steck, 795 F.3d 1187 (9th Cir.2015) (order), which explained that “a district court’s denial of leave to proceed in forma pauperis is an abuse of discretion unless the district court first provides a plaintiff leave to amend the complaint or finds that amendment would be futile.” Here, the district court did not address whether amendment of Blacher’s equal protection claim would be futile and did not give Blacher leave to amend. Moreover, it…