Rantz

Smith v. Rantz

Good Law
71 F. App'x 733
United States Court of Appeals for the Ninth CircuitAugust 4, 2003No. 03-35042; D.C. No. CV-02-00017-LBECalifornia560 words

Opinion

Lead Opinion

MEMORANDUM **

Victor Smith appeals the district court’s denial of his motion to reconsider the district court’s denial of his application to proceed in forma pauperis. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

The district court ordered Smith to provide six months of inmate account information to support his motion to proceed in forma pauperis. In the six months before Smith filed his Complaint, Smith had been incarcerated at Missoula Regional Prison and Crossroads Correctional Center. The district court dismissed Smith’s application to proceed in forma pauperis, stating that “While Smith’s proposed Complaint indicates that he was incarcerated at the Missoula Regional Prison prior to his transfer to Crossroads, he did not submit a statement for his Missoula inmate trust account or any indication that he requested the documentation.” Smith moved to reconsider, arguing that he had submitted account information from Missoula Regional Prison.

We review the denial of the motion to reconsider for an abuse of discretion. See School District No. 1J v. Acands, Inc., 5 F.3d 1255 , 1262 (9th Cir. 1993). The trial court’s dismissal of the action should not be…

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