Unpublished Disposition, 879 F.2d 865 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 879 F.2d 865 (9th Cir. 1989)

Gregory W. BOUDETTE, Plaintiff-Appellant,v.COUNTY OF COCONINO, Defendant-Appellee.

No. 88-1537.

United States Court of Appeals, Ninth Circuit.

Submitted*  June 29, 1989.Decided July 5, 1989.

Before SCHROEDER, BEEZER and TROTT, Circuit Judges.


Gregory Boudette appeals pro se from the district court's denial of his motion for leave to proceed in forma pauperis. We have jurisdiction under 28 U.S.C. § 1291 and we reverse.

It does not appear that the district court's decision was based on the information in the papers before the court.1 , 2 

The order denying the motion to proceed in forma pauperis is REVERSED.


The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


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 Cir.R. 36-3


Boudette submitted a completed affidavit of poverty as required by 28 U.S.C. § 1915(a) in which he indicated that he was unemployed, had no assets and, no dependents


Boudette contends on appeal that he was denied an impartial judge. However, because he has failed to comply with the requirements of 28 U.S.C. § 144, his claim fails. He has neither submitted an affidavit to the district court nor alleged an extrajudicial source of the alleged bias. See eg., Toth v. Trans World Airlines, Inc., 862 F.2d 1381, 1388 (9th Cir. 1988)