James Edward Wagner v. Leonard A. Brosnan, Clerk of Court

977 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Edward WAGNER, Petitioner-Appellant, v. Leonard A. BROSNAN, Clerk of Court, Respondent-Appellee. No. 91-56214. United States Court of Appeals, Ninth Circuit. Submitted Aug. 21, 1992. * Decided Oct. 14, 1992. Before CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 James Edward Wagner appeals the district court's refusal to allow him to file a civil rights action without prepayment of filing fees. Wagner's proffered complaint alleges that he is entitled to witness fees for testifying in criminal trials when he was incarcerated in 1982. We agree with the district court that Wagner's complaint is frivolous, and, accordingly, the complaint was properly refused. 3 A district court may deny an indigent litigant's application to file an action when the court determines that the complaint is frivolous or without merit. Tripati v. First National Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.1987). A pro se…