QUIROGA III v. YOUNGBLOOD (2018)

MEMORANDUM **

California state prisoner Monico J. Quiroga III appeals pro se from the district court's order denying Quiroga in forma pauperis (“IFP”) status in his 42 U.S.C. § 1983 action because he had accrued three strikes under 28 U.S.C. § 1915(g). We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Washington v. L.A. Cty. Sheriff's Dep't, 833 F.3d 1048, 1054 (9th Cir. 2016). We may affirm on any basis supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008), and we affirm.

Denial of Quiroga's request to proceed IFP was proper because the complaint is obviously frivolous. See 28 U.S.C. § 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious); Franklin v. Murphy, 745 F.2d 1221, 1227 n.6 (9th Cir. 1984) (a complaint “that is obviously frivolous does not confer federal subject matter jurisdiction, and may be dismissed sua sponte before service of process” (citation and internal quotation marks omitted) ).

AFFIRMED.