Gomez

Lonnie Williams, Jr. v. Gomez

Good Law
536 F. App'x 745
United States Court of Appeals for the Ninth CircuitAugust 5, 201312-15376California273 words

Opinion

Opinion

MEMORANDUM

California state prisoner Lonnie Clark Williams, Jr., appeals pro se from the district court’s order revoking Williams’s in forma pauperis status and dismissing her 42 U.S.C. § 1983 action alleging that prison officials poisoned her food and denied her access to medication. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s interpretation and application of 28 U.S.C. § 1915 (g), Andrews v. Cervantes, 493 F.3d 1047, 1052 (9th Cir.2007), and for an abuse of discretion its denial of leave to proceed in formal pauperis, O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir.1990). We affirm.

The district court properly revoked Williams’s in forma pauperis status because at least three of Williams’s prior § 1983 actions were dismissed for failure to state a claim, and Williams did not plausibly allege that she was “under imminent danger of serious physical injury” at the time that she lodged the complaint. 28 U.S.C. § 1915 (g); see also Andrews, 493 F.3d at 1055 (an exception to the three-strikes rule exists only where “the complaint makes a plausible allegation that the prisoner faced 'imminent danger of serious physical injury’ at the time of…

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