Edward Parks v. Alphera Financial Services

MEMORANDUM

Edward Faye Parks, an Arizona state prisoner, appeals pro se from the district court’s order denying his request to proceed in forma pauperis in his action alleging that defendants violated his rights in connection with the purchase, repossession, and sale of a vehicle. 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 forma pauperis, O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir.1990). We affirm.

The district court did not abuse its discretion by denying Parks’s request to proceed in forma pauperis because at least three of Parks’s prior § 1983 actions were dismissed on the basis that they were frivolous or failed to state a claim, and Parks did not provide sufficient allegations to show that he was “under imminent danger of serious physical injury” at the time he 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…