Torres v. Garcia, 26848.
| Decision Date | 29 June 1971 |
| Docket Number | No. 26848.,26848. |
| Parties | Jesse TORRES, Appellant, v. Edward GARCIA, Mel J. Cozzalio and Melvin H. Nicolai, Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Jesse Torres, in pro. per.
Edward Garcia, in pro. per., Asst. Dist. Atty., Sacramento, Cal., Evelle J. Younger, Atty. Gen., Sacramento, Cal., Hardy, Erich & Brown, Sacramento, Cal., for appellees.
Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.
Jesse Torres, an inmate of the California prison at Folsom, tendered in the district court a complaint for $1,000,000 damages from three named defendants, pursuant to the Civil Rights Act, 42 U.S. C. § 1983. At the same time he moved in the district court to proceed with the action in forma pauperis.
The district court permitted the complaint to be filed, but denied the motion to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915(d), on the ground that the action is frivolous and malicious. Torres appeals.
The district court has wide discretion in acting upon motions to proceed in forma pauperis as a plaintiff in civil litigation, especially in civil rights actions brought by prisoners. In this case we are not convinced that the court has abused its discretion.
Affirmed.
To continue reading
Request your trial
-
Bradshaw v. Zoological Soc. of San Diego
...however, is slight. The standard is merely whether the plaintiff's case is frivolous or malicious. 28 U.S.C. § 1915(d); Torres v. Garcia, 444 F.2d 537 (9th Cir. 1971). It is quite possible that a district judge should become much more involved in the merits in determining whether to appoint......
-
Deutsche Bank Nat'l Trust Co. v. Perez
...discretion of the district court." Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965) (citations omitted); see Torres v. Garcia, 444 F.2d 537, 537 (9th Cir. 1971) (per curiam). The Ninth Circuit has indicated that leave to proceed IFP pursuant to 28 U.S.C. § 1915(a) is properly granted only......
-
Gifford v. Tiernan
...as legally frivolous pursuant to 28 U.S.C. § 1915(d) (1976) are reviewed under the abuse of discretion standard. Torres v. Garcia, 444 F.2d 537 (9th Cir. 1971) (per curiam); Williams v. Field, 394 F.2d 329, 332 (9th Cir.), cert. denied, 393 U.S. 891, 89 S.Ct. 213, 21 L.Ed.2d 171 (1968). In ......
-
Fay v. Quinlan, 89-35404
...Gifford v. Tiernan, 670 F.2d 882, 885 (9th Cir.1982), appeal dismissed and cert. denied, 459 U.S. 804 (1982); Torres v. Garcia, 444 F.2d 537 (9th Cir.1971) (per curiam). Other cases, however, hold that we review de novo. See, e.g., Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989); Coakl......