Santiago Soto v. Keith A. Sugar

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SANTIAGO SOTO,
Plaintiff - Appellant,
v.
KEITH A. SUGAR,
Defendant - Appellee.
No. 10-16110
D.C. No. 3:09-cv-04575-MMC
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Maxine M. Chesney, District Judge, Presiding
Submitted November 21, 2011**
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Santiago Soto, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that his former
court-appointed attorney violated his right to access the courts. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a denial
FILED
NOV 28 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-16110 2
of leave to proceed in forma pauperis, O’Loughlin v. Doe, 920 F.2d 614, 616 (9th
Cir. 1990), and a dismissal for failure to comply with a court order, Pagtalunan v.
Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We vacate and remand.
The district court denied Soto’s application to proceed in forma pauperis
because Soto failed to submit the required six-month prisoner trust fund account
statement as part of his application. It then dismissed the action without prejudice
because Soto failed to comply with its order to pay the filing fee or submit a
completed Prisoner’s In Forma Pauperis Application. However, a review of the
record shows that Soto filed a certified six-month prisoner trust fund account
statement on September 28, 2009 and the remainder of his application on October
8, 2009. Accordingly, we vacate the judgment and remand to the district court for
further proceedings.
Soto shall bear his own costs on appeal.
VACATED and REMANDED.

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