Raymond Bradford v. M. Marchak

MEMORANDUM

California state prisoner Raymond Alford ¿radford appeals pro se from the district court’s judgment denying leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action alleging violations of his constitutional right to be free from cruel and unusual punishment. 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). We review denial of leave to proceed in forma pauperis for abuse of discretion. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990). We reverse and remand.

Under 28 U.S.C. § 1915 (g), a prisoner cannot proceed in forma pauperis “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.” 28 U.S.C. § 1915 (g). Bradford is subject to § 1915(g) because at least three of Bradford’s prior § 1983 cases were dismissed as…