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14-56877•RODOLFO J. ROLDAN RIERA, AKA Rodifo J. Roldanriera v. Department of Homeland Security;
14-56877Court of Appeals for the Ninth CircuitDec 2, 2015
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RODOLFO J. ROLDAN RIERA, AKA
Rodifo J. Roldanriera,
Plaintiff - Appellant,
v.
DEPARTMENT OF HOMELAND
SECURITY; et al.,
Defendants - Appellees.
No. 14-56877
D.C. No. 5:14-cv-01404-GHK-AS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
George H. King, District Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Rodolfo J. Roldan Riera, a.k.a. Rodifo J. Roldanriera, a detainee at the
Adelanto Detention Center, appeals pro se from the district court’s judgment
dismissing for failure to provide a trust-account statement his action alleging
FILED
DEC 02 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).
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various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291.
We review for an abuse of discretion. James v. Madison St. Jail, 122 F.3d 27 (9th
Cir. 1997). We vacate and remand.
The district court dismissed Riera’s action because Riera failed to comply
with the district court’s orders instructing him to file a completed “Certificate of
Authorized Officer” along with a certified copy of his trust account statement. See
28 U.S.C. § 1915(a) (requirements for person seeking to bring a civil action
without prepayment of fees). However, in the verified declaration in his notice of
appeal, Riera asserts that the Adelanto Detention Center did not provide him with
the required documents, and that he timely informed the district court of this issue.
Accordingly, we vacate and remand for further proceedings.
VACATED and REMANDED.
14-56877 2
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