FILED
NOT FOR PUBLICATION JAN 09 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KENNETH DEAN MILLER, No. 10-57004
Plaintiff - Appellant, D.C. No. 2:10-cv-06432-UA-JEM
v.
MEMORANDUM *
MOTOR VEHICLE DIVISION; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, Chief Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Kenneth Dean Miller, an Arizona state prisoner, appeals pro se from the
district court’s order denying his motion to proceed in forma pauperis in his 42
U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under
28 U.S.C. § 1291. We review for an abuse of discretion, Tripati v. First Nat’l
*
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).
Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987), and we affirm.
The district court did not abuse its discretion by denying leave to proceed in
forma pauperis because, on three prior occasions, Miller brought actions that were
dismissed for being frivolous, malicious, or failing to state a claim upon which
relief may be granted. See 28 U.S.C. § 1915(g).
Further, the district court did not abuse its discretion by denying leave to
proceed in forma pauperis because the complaint is patently frivolous. See Tripati,
821 F.2d at 1370 (“A district court may deny leave to proceed in forma pauperis at
the outset if it appears from the face of the proposed complaint that the action is
frivolous or without merit.”).
Millers’s remaining contentions are unpersuasive.
AFFIRMED.
2 10-57004