889 F2d 1095 Lucas v. Los Angeles Police Department Foothill Division Station

889 F.2d 1095

Unpublished Disposition

Webster Salasker LUCAS, Petitioner-Appellant,
v.
LOS ANGELES POLICE DEPARTMENT, FOOTHILL DIVISION STATION, at
12760 Osborne Street, Pacoima, California 91331,
et al, Respondent-Appellee.

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

No. 89-55029.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 27, 1989.*
Decided Nov. 15, 1989.

Before ALARCON, O'SCANNLAIN and LEAVY, Circuit Judges.


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1

MEMORANDUM**

OVERVIEW

2

Webster Salasker Lucas ("Lucas") appeals the district court's denial of his motion to proceed in forma pauperis in his 42 U.S.C. Sec. 1983 action on the grounds the complaint is unintelligible and insufficient to support a section 1983 cause of action. Lucas alleges that the defendants were negligent in leaving him in a cell with another wherein Lucas committed a crime against that person for which he is presently serving a prison term. We affirm.

DISCUSSION

3

The denial of a motion to proceed in forma pauperis is an appealable order. Tripati v. First Nat'l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir.1987) (quoting Roberts v. United States Dist. Court, 339 U.S. 844, 845 (1950)). A district court may deny leave to proceed in forma pauperis if it appears from the face of the complaint that the action is frivolous or without merit. Id. at 1370. We review de novo the district court's determination that Lucas' complaint failed to state a section 1983 claim.

4

No violation of any of Lucas' constitutional rights are apparent from the facts as they are recited in the complaint. Accordingly, Lucas has failed to state a claim under section 1983. The district court's denial of Lucas' motion to proceed in forma pauperis is therefore affirmed.

5

AFFIRMED.

*

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3