Mike Yellen v. D.R. Busser, Program Administrator J. Kelley

76 F.3d 391 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mike YELLEN, Plaintiff-Appellant, v. D.R. BUSSER, Program Administrator; J. Kelley, Defendants-Appellees. No. 95-15888. United States Court of Appeals, Ninth Circuit. Submitted Jan. 23, 1996. * Decided Jan. 25, 1996. Before: ALARCON, HALL and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Mike Yellen appeals pro se the district court's denial of his request to proceed in forma pauperis in the district court in his civil rights action under 42 U.S.C. § 1983 . Yellen contends that the district court' decision required him to choose between paying a filing fee and purchasing supplies necessary to support himself. 3 A district court's denial of leave to proceed in forma pauperis is reviewed for an abuse of discretion. O'Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir.1990). A district court is entitled to consider a petitioner's "own economic choices about how to spend his money, as between his…