Jesse Torres v. Edward Garcia, Mel J. Cozzalio and Melvin H. Nicolai
Cases that cite this one
6 later published cases cite this decision.
- Nancy S. Bradshaw, Individually and on Behalf of Others Similarly Situated v. Zoological Society of San Diego (9th Cir. 1981)
- (PC) Davis v. Tuolumne County Jail (United States District Court for the Eastern District of California 2025)
- (PC) Smith v. Tuolumne County Jail (United States District Court for the Eastern District of California 2025)
- Howard L. Gifford v. Robert O. Tiernan, Chairman, Federal Election Commission (9th Cir. 1982)
- Dankert v. Clerk (United States District Court for the Northern District of Georgia 1980)
- Richard Venable v. William H. Meyers, Defendant-Appelleant (9th Cir. 1974)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Jesse Torres, an inmate of the California prison at Folsom, tendered in the district court a complaint for $1,000,000 damages from three named defendants, pursuant to the Civil Rights Act, 42 U.S. C. § 1983. At the same time he moved in the district court to proceed with the action in forma pauperis.
The district court permitted the complaint to be filed, but denied the motion to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915(d), on the ground that the action is frivolous and malicious. Torres appeals.
The district court has wide discretion in acting upon motions to proceed in forma pauperis as a plaintiff in civil litigation, especially in civil rights actions brought by prisoners. In this case we are not convinced that the court has abused its discretion.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.