Douglas Arthur Coupar v. James Abele

990 F.2d 1256 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Douglas Arthur COUPAR, Plaintiff-Appellant, v. James ABELE, et al., Defendants-Appellees. No. 92-55477. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 16, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Douglas Coupar, a federal prisoner, appeals pro se the district court's order denying leave to file his Bivens complaint without prepayment of filing fees and the subsequent denial of his motion for reconsideration. The district court denied Coupar in forma pauperis status solely on the ground that he failed to exhaust administrative remedies. Whether a federal prisoner is required to exhaust administrative remedies before pursuing a Bivens action is a question of law reviewed de novo. Cooney v. Edwards, 971 F.2d 345, 346 (9th Cir.1992). A district court's denial of leave to proceed in forma pauperis is reviewed for abuse of…