Michael Tierney v. Unknown Dentist

MEMORANDUM

Michael C. Tierney appeals the district court’s order denying him in forma pau-peris status and dismissing his complaint for failure to pay the filing fee. Tierney’s 42 U.S.C. § 1983 action primarily alleged that-prison officials withheld dental treatment in violation of the Eighth and Fourteenth Amendments.

In its dismissal order, the district court held 'that Tierney (who has had at least three prior cases dismissed on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted) failed to demonstrate he was “under imminent danger of serious physical injury,” 28 U.S.C. § 1915 (g), which is a necessary prerequisite to proceeding in forma pauperis. We review “[t]he district court’s interpretation and application of § 1915(g)” de novo. Andrews v. King, 898 F.3d 1113 , 1118 (9th Cir.2005).

In his pro se complaint, which we are bound to construe liberally, see Silva v. Di Vittorio, 658 F.3d 1090, 1101 (9th Cir.2011), Tierney alleged extreme and continuing pain, inability to sleep, and infection of his gums. Tierney’s allegations were sufficient to demonstrate that he was under imminent danger of serious physical injury,…