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Bryan A. Ransom v. In Corrections and Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 8, 2011

BRYAN A. RANSOM,
PLAINTIFF,
v.
IN CORRECTIONS AND REHABILITATION , FULL ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DENYING PLAINTIFF IN FORMA PAUPERIS STATUS, AND DISMISSING ACTION WITHOUT PREJUDICE TO REFILING CONTEMPORANEOUS WITH C A LIF O R N IA DEPARTMENT OF SUBMISSION OF $350.00 FILING FEE (ECF No. 1)

Plaintiff Bryan A. Ransom, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 13, 2011.

Section 1915(g) provides that "[i]n no event shall a prisoner bring a civil action . . . under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." Plaintiff is subject to section 1915(g) and is precluded from proceeding in forma pauperis unless he is, at the time the complaint is filed, under imminent danger of serious physical injury. *fn1

The Court has reviewed Plaintiff's complaint and finds that Plaintiff does not meet the imminent danger exception. *fn2 Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Because Plaintiff alleges no facts supporting a finding that he is under imminent danger of serious physical injury, Plaintiff is ineligible to proceed in forma pauperis in this action.

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff is DENIED the right to proceed in forma pauperis; and

2. This action is dismissed, without prejudice to refiling contemporaneous with the submission of the $350.00 filing fee in full.

IT IS SO ORDERED.

emm0d6


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