David Allen Dillier v. Richard Williams, Sheriff

15 F.3d 1084 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Allen DILLIER, Plaintiff-Appellant, v. Richard WILLIAMS, Sheriff, Defendant-Appellee. No. 93-56380. United States Court of Appeals, Ninth Circuit. Submitted Jan. 4, 1994. * Decided Jan. 13, 1994. Before: REINHARDT, O'SCANNLAIN, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 David Allen Dillier appeals pro se the district court's order denying leave to file his 42 U.S.C. Sec. 1983 prisoner civil rights complaint without prepayment of filing fees under 28 U.S.C. Sec. 1915 . We have jurisdiction under 28 U.S.C. Sec. 1291 . A district court's denial of leave to proceed in forma pauperis is reviewed for an abuse discretion. Denton v. Hernandez, 112 S.Ct. 1728, 1734 (1992). We vacate and remand to the district court for further proceedings. 3 The district court may grant leave to proceed in forma pauperis if a litigant is unable to pay the filing fees and if the complaint is not frivolous. 1 Tripati v. First…