Warden
Jeffrey Palmer v. Warden
Opinion
Opinion
MEMORANDUM
Jeffrey Curtis Palmer, a former California state prisoner, appeals pro se from the district court’s order denying his request to proceed in his 42 U.S.C. § 1983 action without prepayment of filing fees. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the district court’s denial of leave to proceed in forma pauperis, Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.1987), and we affirm.
The district court did not abuse its discretion in denying Palmer’s request to proceed without prepayment of filing fees because Palmer failed to provide a certified copy of his trust fund statement for the prior six months as required by 28 U.S.C. § 1915 (a)(2). Further, it appears from the face of the complaint that the claims were either unexhausted, barred by Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), or based upon impermissible respondeat superior liability. See Tripati, 821 F.2d at 1370 (“A district court may deny leave to proceed in forma pauperis at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit.”).