DOWNS v. BECERRA (2018)

MEMORANDUM **

California state prisoner Gregory Downs appeals pro se from the district court’s judgment dismissing for failure to prosecute Downs’s action alleging a claim under the Americans with Disabilities Act. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, James v. Madison Street Jail, 122 F.3d 27, 27 n.1 (9th Cir. 1997), and affirm.

The district court did not abuse its discretion by dismissing Downs’s action because Downs failed to file an application to proceed in forma pauperis or pay the filing fee by the deadline set by the district court. See 28 U.S.C. § 1915(a)(2); Page v. Torrey, 201 F.3d 1136, 1139 (9th Cir. 2000) (explaining that the Prison Litigation Reform Act “imposes specific filing requirements on prisoners seeking to file civil actions in forma pauperis” and that these include a submission of “a certified copy of their prisoner trust fund account statement for the previous six months․”); James, 122 F.3d at 28 (“We conclude that the rule for timely filing applicable to pro se prisoners ․ applies to the filing of trust-account statements as required by § 1915(a)(2).”).

All pending motions and requests are denied.

AFFIRMED.