USCA1 Opinion

May 22, 1995

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 95-1044
ORLANDO DIAZ-OJEDA,
Plaintiff, Appellant,
v.
PEDRO TOLEDO, SUPERINTENDENT, THE COMMONWEALTH OF PUERTO RICO
POLICE DEPARTMENT, ET AL.,
Defendants, Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Salvador E. Casellas, U.S. District Judge]
___________________
____________________
Before
Torruella, Chief Judge,
___________
Selya and Boudin, Circuit Judges.
______________
____________________

Orlando Diaz-Ojeda on brief pro se.

__________________
Carlos Lugo Fiol, Acting Solicitor General, and Lorraine
__________________
_________
Riefkohl, Assistant Solicitor General, Department of Justice, on br
________
for appellees.
____________________
____________________

Per Curiam.
__________
from

the district court's denial of his motion to proceed in

__

forma pauperis.
_____ ________
339

Plaintiff, Orlando Diaz-Ojeda, appeals

See Roberts v. United States District Court,

___ _______
____________________________

U.S. 844, 845 (1950)

proceed

in forma
__ _____

(holding that denial

pauperis is
________

of motion to

immediately appealable).

We

affirm.
Under 28
the

U.S.C.

commencement of a

1915(a), a court

law suit "without

may authorize

prepayment of fees

and

costs or

affidavit

security

that

he

is unable

security therefor."
party's ability
will 'not
898 F.2d

therefor,

be lightly
210, 216

pay

person
such

who

makes

costs or

give

district court's determination

of a

to pay such

to

by

costs is a

"determination that

overturned.'" United States

_____________

(1st Cir.

1990) (citation

v. Lyons,
_____

omitted). See
___

also
____

Cross v. General Motors Corp., 721 F.2d 1152, 1157 (8th

_____
____________________

Cir.

1983) ("Under 28 U.S.C.

grant

or deny in forma

1915, the decision whether to

pauperis status is

within the sound

discretion of the trial court").

We

have carefully

plaintiff's affidavit

reviewed the

record, including

accompanying his motion to

forma pauperis, and the parties'

_____ ________

briefs.

proceed in
__

The record reveals

that plaintiff lives with

his parents, pays no rent,

dependents

government unemployment

Under these
$120

and

receives

circumstances, we

filing fee and other

has no

payments.

conclude that payment

of the

costs would not deprive plaintiff

of the "necessities of

life." Adkins v. DuPont de Nemours &

______
____________________

Co., Inc., 335 U.S. 331, 339 (1948).

_________
court

did not

abuse its

Therefore, the district

discretion in

denying plaintiff's

motion.
The district
denying plaintiff's
affirmed.
________

court's order

motion to

of December 13,

proceed in forma
__ _____

1994,

pauperis is
________

-3-