Court of Appeals for the Ninth Circuit July 7, 2009, No. 08-15878 (Culler v. California Department of Corrections)

MEMORANDUM**

Jerryal J. Culler, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action without prejudice for failure to pay the filing fee or apply for leave to proceed in forma pauperis. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir.2002). We affirm.