James v. Madison Street Jail
Opinion of the Court
Curtis Ivan James, an Arizona state prisoner at the time these actions were filed, appeals pro se the district court’s dismissal of his complaint for failure to timely provide a trust-account statement pursuant to 28 U.S.C. § 1915(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion,
In both appeals, the district court entered an order stating that James must file a
We conclude that the rule for timely filing applicable to pro se prisoners articulated in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), applies to the filing of trust-account statements as required by § 1915(a)(2). See Faile v. Upjohn Co., 988 F.2d 985, 986-88 (9th Cir. 1993). Because James submitted a sworn statement that he timely complied with the deadline imposed by the district court, “the district court must either accept that allegation as correct or make a factual finding to the contrary upon a sufficient evidentiary showing by the opposing party.” See id. at 988; see also Koch v. Ricketts, 68 F.3d 1191, 1194 (9th Cir. 1995). Because the district court failed to make such a factual finding, we vacate the district court’s dismissal of these actions and remand for further proceedings. See Caldwell v. Amend, 30 F.3d 1199, 1203 (9th Cir. 1994).
VACATED and REMANDED.
. Whether we construe the district court's dismissal as a dismissal for lack of prosecution, for failure to obey an order of the court, or of a complaint as frivolous, the proper standard of
Reference
- Full Case Name
- Curtis Ivan JAMES v. MADISON STREET JAIL Jail Commander, Sgt. A3061 Howard, Officer, A4500 Wade, Sgt., A831 Granados, Officer, Officer Dipietro Officer Layton Joe Arpaio, Sheriff Madison St. Kitchen, Defendants-Appellees Curtis Ivan JAMES v. RICH, CPO Prichard, CPO Deputy Warden Whitley Engle CSO 6821 CSO Gutierrez, 6811
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