923 F.2d 864
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Aaron WASHINGTON, Plaintiff-Appellant,
v.
N. SINGER, Defendant-Appellee.
No. 90-15549.
United States Court of Appeals, Ninth Circuit.
Submitted Jan. 11, 1991.*
Decided Jan. 15, 1991.
Appeal from the United States District Court for the Eastern District of California, No. CV-89-1574; Edward J. Schwartz, Senior Judge, Presiding.
E.D.Cal.
AFFIRMED.
Before SNEED, HUG and NOONAN, Circuit Judges.
MEMORANDUM**
Aaron Washington, a California state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action without prejudice for failure to file an affidavit in support of his motion to proceed in forma pauperis.1 We affirm.
In order to proceed in forma pauperis, the petitioner must submit an "affidavit that he is unable to pay [the costs of initiating an action] or give security therefor." 28 U.S.C.A. Sec. 1915(a). Because Washington did not comply with the district court's order to file an affidavit in support of his motion to proceed in forma pauperis, the district court properly dismissed this action.
AFFIRMED.
The panel unanimously finds this case suitable for disposition without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4. Accordingly, Washington's requests for oral argument and an extension of time to file additional citations is denied
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Circuit R. 36-3
The district court's dismissal of the action without prejudice is an appealable final order. See United States v. Wallace & Tiernan Co., 336 U.S. 793, 794-95 n. 1 (1949); Asho v. Cvetkov, 739 F.2d 493, 496 (9th Cir.1984), cert. denied, 470 U.S. 1007 (1985)