dissenting.
I do not agree that the district court should be reversed in this case.
In civil matters there is no absolute right to proceed in forma pauperis, rather it is a privilege extended to those unable to pay filing fees when the action is neither malicious nor frivolous.1 And the grant or denial of leave to proceed in forma pauperis is a matter committed to the sound discretion of the district court.2
Since the filing fee was $15.00 and petitioner had $66.85 in his penitentiary account, I cannot say that the district court abused its discretion in denying petitioner in forma pauperis status. See Ward v. Werner, 61 F.R.D. 639 (M.D.Pa.1974) (district court held two prison inmates who had accounts of $50 and $65 were not entitled to proceed in forma pauperis with civil suit against prison officials, but one prisoner with $7 could so proceed since the filing fee was $15); Shimabuku v. Britton, 357 F.Supp. 825 (D.Kan.1973), aff’d, 503 F.2d 38 (10th Cir. 1974) (district court denied in forma pauperis standing to parties who had prison accounts of $315.31, $45.00, $51.27, and $61.41, respectively); Carroll v. United States, 320 F.Supp. 581 (S.D.Tex.1970) (plaintiff was denied in forma pauperis sta*717tus since he had $204.90 and the filing fee was $15).
. Startti v. United States, 415 F.2d 1115, 1116 (5th Cir. 1969). See also Carter v. Thomas, 527 F.2d 1332, 1333 (5th Cir. 1976); Tyler v. Callahan, 74 F.R.D. 421, 423 (E.D.Mo.1977), aff’d, 573 F.2d 1313 (8th Cir.), cert. denied, 436 U.S. 947, 98 S.Ct. 2851, 56 L.Ed.2d 788 (1978); Ex parte Tyler, 70 F.R.D. 456, 457 (E.D.Mo.1976); Rhodes v. Houston, 258 F.Supp. 546, 578 (D.Neb.1966) (and cases cited therein), aff’d, 418 F.2d 1309 (8th Cir. 1969), cert. denied, 397 U.S. 1049, 90 S.Ct. 1382, 25 L.Ed.2d 662 (1970).
. Forester v. California Adult Authority, 510 F.2d 58, 60 (8th Cir. 1975) (and cases cited therein); Venable v. Meyers, 500 F.2d 1215, 1216 (9th Cir.) (and cases cited therein), cert. denied, 419 U.S. 1090, 95 S.Ct. 683, 42 L.Ed.2d 683 (1974).