James Ginelli v. Los Angeles Fire Department

43 F.3d 1479 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 GINELLI, Plaintiff-Appellant, v. LOS ANGELES FIRE DEPARTMENT, Defendant-Appellee. No. 94-55200. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 9, 1994. Before: D.W. NELSON, HALL, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 James Ginelli appeals pro se the district court's denial of his motion to proceed in forma pauperis ("IFP") because of an inadequate showing of indigency. We have jurisdiction under 28 U.S.C. Sec. 1291 and review the denial of leave to proceed IFP for abuse of discretion, see O'Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir.1990). We vacate and remand the district court's order. 3 Ginelli contends that the district court erred by denying him IFP status because he had made an adequate showing of indigency. This contention has merit. 4 Pursuant to 28 U.S.C. Sec. 1915 (a), a court may authorize the commencement of any action without prepayment of fees and…