Hawkins

MEMORANDUM **

This is an appeal from the district court’s order denying appellant Thomas Hawkins, III, leave to file his complaint without prepayment of the filing fee.

On October 8, 2008, this court denied appellant’s motion to proceed in forma pauperis on appeal and ordered appellant to show cause why the district court’s order should not be summarily affirmed.

We have reviewed the record and appellant’s response to the court’s October 8, 2008 order to show cause. We find that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard).

The district court’s denial of leave to proceed in forma pauperis is reviewed for abuse of discretion. See Calhoun v. Stahl, 254 F.3d 845 (9th Cir.2001). The district court found that appellant’s civil rights action was legally and/or factually patently frivolous and was barred under Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994).

Appellant’s complaint asserts that the process and outcome of his criminal trial violated his Constitutional rights. In Heck v. Humphrey, the United States Supreme…