Lazor

Lazor v. Taylor

Good Law
31 F. App'x 571
United States Court of Appeals for the Ninth CircuitMarch 21, 2002No. 01-55997; D.C. No. CV-01-03649-TJHCalifornia305 words

Opinion

Lead Opinion

MEMORANDUM **

P.F. Lazor, a California state prisoner, appeals pro se the district court’s denial of his motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir.1990), and vacate and remand.

Although Lazor is a prisoner proceeding in forma pauperis on appeal, we decline to send the prison an authorization form because Lazor has declared that he has no prison trust account.

The district court denied Lazor’s in for-ma pauperis application for an inadequate showing of indigency and for failure to provide a certified copy of his trust fund statement. Lazor, however, submitted a declaration under the penalty of perjury stating that he was totally indigent, had no material assets, and had no prison trust account. 28 U.S.C. § 1915 (b)(4) states that, “In no event shall a prisoner be prohibited from bringing a civil action ... for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.” We conclude that Lazor’s in forma pauperis application and supporting declaration were sufficient…

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