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Bryan Ransom v. D. Ortiz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 14, 2011

BRYAN RANSOM, PLAINTIFF,
v.
D. ORTIZ, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER DENYING PLAINTIFF IN FORMA PAUPERIS STATUS, AND DISMISSING ACTION WITHOUT PREJUDICE TO REFILING CONTEMPORANEOUS WITH SUBMISSION OF $350.00 FILING FEE IN FULL(ECF No. 1)

On March 3, 2011, Plaintiff Bryan Ransom, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983.

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.

3. All pending motions should be terminated and the Clerk shall close the case.

IT IS SO ORDERED.


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