Wailehua
Wailehua v. Sawyer
Opinion
Lead Opinion
MEMORANDUM **
Llewellyn Wailehua, a California state prisoner, appeals pro se the district court’s *749 denial of Wailehua’s motion for reconsideration of an order denying his application 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, Sch. Dish No. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255 , 1262 (9th Cir.1993), and we vacate in part and remand.
The district court found that two of the three plaintiffs failed to show indigency, but it did not specify whether Wailehua was among them. Wailehua’s sworn declaration indicates he has no assets, he had only $41.62 in his prison trust account at the time of filing in the district court, and his prison trust account balance was well below the $120.00 filing fee for approximately one year prior to the filing. We conclude that Wailehua’s in forma pauperis application and supporting declaration were sufficient to meet the indigency standard set forth in 28 U.S.C. § 1915 (a). See United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (per curiam).