Anthes

MEMORANDUM **

Mills S. Anthes appeals pro se the district court’s denial of his motion to proceed in forma pauperis (“IFP”) in his Bivens action seeking monetary damages for the wrongful deprivation of social security benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion the denial of leave to proceed in forma pauperis, and we review de novo the determination that Anthes’ complaint *751 lacked merit. Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369-70 (9th Cir. 1987). We affirm.

Because Anthes alleged wrongful deprivation of social security benefits, his action arose under the Social Security Act even though it raised constitutional claims. See Weinberger v. Salfi, 422 U.S. 749, 760-61 , 95 S.Ct. 2457 , 45 L.Ed.2d 522 (1975).

Title 42 U.S.C. § 405 (g) is the exclusive means for judicial review of decisions of the Commissioner of Social Security (“Commissioner”). See id at 757. To obtain review, a plaintiff must commence a civil action in the district court within sixty days of the mailing of the Commissioner’s decision. See 42 U.S.C. § 405 (g); Salfi, 422 U.S. at 763-64 .

Because Anthes filed his complaint over a year after the…