VARGAS v. MCMAHON (2018)

United States Court of Appeals, Ninth Circuit.

Ilich VARGAS, Plaintiff-Appellant, v. John MCMAHON, San Bernardino County Sheriff, in his individual and official capacities; et al., Defendants-Appellees.

No. 16-55816

Decided: March 14, 2018

Before: THOMAS, Chief Judge, and TROTT and SILVERMAN, Circuit Judges.

Ilich Vargas, Pro Se

MEMORANDUM **

Pretrial detainee Ilich Vargas appeals pro se from the district court's order denying his application to proceed in forma pauperis (“IFP”) in his 42 U.S.C. § 1983 action alleging constitutional claims arising from his pending state criminal proceedings and his custody in San Bernardino County's West Valley Detention Center. 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). We affirm.

The district court did not abuse its discretion by denying Vargas's motion to proceed IFP because Vargas failed to allege facts in his proposed complaint sufficient to state a claim. See id. at 616-17 (district court may deny leave to proceed IFP “ ‘at the outset if it appears from the face of the proposed complaint that the action is frivolous or without merit’ ”) (quoting Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1370 (9th Cir. 1987) ).

AFFIRMED.

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