314 F. App'x 58

Victor Charles FOURSTAR, Jr., Plaintiff-Appellant, v. MURLAK, Institutional Counselor; et al., Defendants-Appellees.

No. 07-56644.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 13, 2009.*

Filed Feb. 11, 2009.

Victor Charles Fourstar, Jr., Tucson, AZ, pro se.

Before: O’SCANNLAIN, BYBEE, and CALLAHAN, Circuit Judges.

*59MEMORANDUM **

Federal prisoner Victor Charles Fours-tar, Jr. appeals pro se from the district court’s denial of his request to file his action without prepayment of the full filing fee. We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion. Calhoun v. Stahl, 254 F.3d 845 (9th Cir. 2001) (per curiam). We vacate and remand.

The reason given by the district court for denying Fourstar permission to file his action without prepayment, his failure to file a certified copy of his trust fund statement for the last six months, is not supported by the record. Accordingly, we remand to the district court for further proceedings consistent with this disposition.

No costs awarded on appeal.

VACATED and REMANDED.

Fourstar v. Murlak
314 F. App'x 58

Case Details

Name
Fourstar v. Murlak
Decision Date
Feb 11, 2009
Citations

314 F. App'x 58

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!