Jesse Torres v. Edward Garcia, Mel J. Cozzalio and Melvin H. Nicolai

Ninth Circuit

Jesse Torres v. Edward Garcia, Mel J. Cozzalio and Melvin H. Nicolai

444 F.2d 537

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 29, 1971

Docket26848

StatusPublished

Cited by8 cases

This text of 444 F.2d 537 (Jesse Torres v. Edward Garcia, Mel J. Cozzalio and Melvin H. Nicolai) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jesse Torres v. Edward Garcia, Mel J. Cozzalio and Melvin H. Nicolai, 444 F.2d 537 (9th Cir. 1971).

Pincite

Opinion

PER CURIAM:

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.

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