Joseph Michael Gieniec v. Larry v. Erickson Spokane County Spokane County Sheriff

Good Law
17 F.3d 394·1994 WL 32644·1994 U.S. App. LEXIS 9694
United States Court of Appeals for the Ninth CircuitFebruary 1, 199491-35780California349 words

Opinion

Opinion

17 F.3d 394 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph Michael GIENIEC, Plaintiff-Appellant, v. Larry V. ERICKSON; Spokane County; Spokane County Sheriff, Defendants-Appellees. No. 91-35780. United States Court of Appeals, Ninth Circuit. Submitted Jan. 5, 1994. * Decided Feb. 1, 1994. Before: WRIGHT, CANBY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The parties are familiar with the facts, so we need not recite them here. DISCUSSION 3 Gieniec contends on appeal that the district court abused its discretion under 28 U.S.C. Sec. 1915 (a) by requiring him to pay, as a condition to proceeding in forma pauperis, the entire filing fee pursuant to an installment agreement with an initial $20 payment, plus $5 per month thereafter. Gieniec also filed a second application to proceed in forma pauperis. No financial information accompanied this second application. Failure to provide that financial information was an alternative basis for the dismissal without…

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