Maisano v. Trans Car Inc.

FILED NOT FOR PUBLICATION FEB 25 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DALE FRANK MAISANO, No. 07-56860 Plaintiff - Appellant, D.C. No. CV-07-04332-AHS v. MEMORANDUM * TRANS CAR INC., Defendant - Appellee. Appeal from the United States District Court for the Central District of California Alicemarie H. Stotler, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Dale Frank Maisano, an Arizona state prisoner, appeals pro se from the district court’s order denying his application to proceed in forma pauperis. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990), and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court did not abuse its discretion by denying Maisano’s application because he failed to submit the required six-month prisoner trust fund account statement. See 28 U.S.C. § 1915(a)(2); Page v. Torrey, 201 F.3d 1136, 1139 (9th Cir. 2000) (“[P]risoner-plaintiffs seeking to proceed in forma pauperis [must] submit a certified copy of their prisoner trust fund account statement for the previous six months.”). AFFIRMED. 2 07-56860