Inoke Eteaki v. Kilolo Kijakazi

U.S. Court of Appeals for the Ninth Circuit

Inoke Eteaki v. Kilolo Kijakazi

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 20 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

INOKE ETEAKI, No. 21-16208

Plaintiff-Appellant, D.C. No. 2:21-cv-00644-DWL

v. MEMORANDUM* KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Dominic Lanza, District Judge, Presiding

Submitted July 12, 2022**

Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.

Inoke Eteaki appeals pro se from the district court’s judgment denying

Eteaki’s application to proceed in forma pauperis (“IFP”) in his action against the

acting commissioner of the Social Security Administration. We have jurisdiction

under 28 U.S.C. § 1291. We review for an abuse of discretion the denial of leave

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). to proceed IFP. Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). We

affirm.

The district court did not abuse its discretion in denying Eteaki’s IFP

application because Eteaki failed to make a sufficient showing of indigency. See

id. (“[A] plaintiff seeking IFP status must allege poverty with some particularity,

definiteness and certainty.” (citation and internal quotation marks omitted) ).

Eteaki’s motion for certified records (Docket Entry No. 16) and motion for

status (Docket Entry No. 18) are denied as moot.

AFFIRMED.

2 21-16208

Reference

Status
Unpublished