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No. 8688207
United States Court of Appeals for the Ninth Circuit
Kelly v. Smith
No. 8688207 · Decided August 4, 2008
No. 8688207·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 4, 2008
Citation
No. 8688207
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Herman Kelly appeals pro se from the district court’s order denying his motion to proceed in forma pauperis in his copyright infringement action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir.1990), and we affirm. The district court did not abuse its discretion in finding that Kelly failed to demonstrate indigence in light of the income reported in his financial affidavit. See id. (affirming broad deference afforded to lower court in reviewing a denial of leave to proceed in forma pauperis). All pending motions are denied. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Herman Kelly appeals pro se from the district court’s order denying his motion to proceed in forma pauperis in his copyright infringement action.
Key Points
01MEMORANDUM ** Herman Kelly appeals pro se from the district court’s order denying his motion to proceed in forma pauperis in his copyright infringement action.
02The district court did not abuse its discretion in finding that Kelly failed to demonstrate indigence in light of the income reported in his financial affidavit.
03(affirming broad deference afforded to lower court in reviewing a denial of leave to proceed in forma pauperis).
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Herman Kelly appeals pro se from the district court’s order denying his motion to proceed in forma pauperis in his copyright infringement action.
FlawCheck shows no negative treatment for Kelly v. Smith in the current circuit citation data.
This case was decided on August 4, 2008.
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