898 F2d 156 Theede v. Veterans Administration
898 F.2d 156
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Robert L. THEEDE, Plaintiff-Appellant,
v.
VETERANS ADMINISTRATION, et al., Defendants-Appellees.
No. 88-15831.
United States Court of Appeals, Ninth Circuit.
Submitted March 13, 1990.*
Decided March 23, 1990.
Before CHOY, TANG and BEEZER, Circuit Judges.
MEMORANDUM**
Dr. Theede appeals from the district court's dismissal of his claim for failure to pay the filing fee. We AFFIRM the district court and order appellant to pay to appellee Veterans Administration double costs and $500.00 under Fed.R.App.P. 38.
The district court requested that Theede provide financial information needed to determine whether he should be entitled to maintain his in forma pauperis status. The court warned Theede that failure to provide the information would result in the revocation of his in forma pauperis status. After giving ample opportunity to allow Theede to produce evidence of indigence, the court revoked his in forma pauperis status. The court then ordered Theede to pay the filing fee within 10 days, warning that failure to pay the fee might result in dismissal. After nearly two months, the court dismissed the action for failure to pay the fee. Theede timely appealed.
The district court did not abuse its discretion in revoking Theede's in forma pauperis status for failure to provide financial information so as to determine whether his in forma pauperis status was warranted. United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981). Nor did it subsequently abuse its discretion in dismissing the claim for failure to pay the filing fee. Theede was provided with clear directions and warnings throughout the proceedings. His appeal is frivolous. In light of his history of vexatious litigation in the district court, Theede's appeal warrants the imposition of double costs and damages of $500.00 pursuant to Fed.R.App.P. 38.
AFFIRMED.