In Re Andre Brigham Young
Opinion
Opinion
967 F.2d 597 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Andre Brigham YOUNG, Petitioner-Appellant, No. 90-35695. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1992. * Decided July 7, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Andre Brigham Young, a Washington state prisoner, appeals pro se the district court's denial of leave to file his 28 U.S.C. § 2254 habeas corpus petition without prepayment of the filing fee. We review for an abuse of discretion. Denton v. Hernandez, 69 U.S.L.W. 4346 , 4348 (May 4, 1992); Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.1987). We affirm. 3 Under 28 U.S.C. § 1915 (a), a district court may grant in forma pauperis status if a litigant is unable to pay the costs of the suit. Nevertheless, the district court may deny leave to proceed in forma pauperis if the action is frivolous. Tripati, 821 F.2d at 1369 . A claim is frivolous if it lacks an…