Adoc

Mendez v. Arizona Depatment of Corrections

Good Law
478 F. App'x 437
United States Court of Appeals for the Ninth CircuitJuly 11, 201211-17175California276 words

Opinion

Opinion

MEMORANDUM

Enrique Mendez, also known as Melinda Gabriella Valenzuela, an Arizona state prisoner, appeals pro se from the district court’s judgment denying him leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action alleging violations of the Eighth Amendment. 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 reverse and remand.

The district court abused its discretion by denying Mendez’s request to proceed in forma pauperis because, even though he is a three-strikes filer, Mendez made plausible allegations that he faced an “imminent danger of serious physical injury,” including that just weeks before filing the complaint he had been brutally beaten by defendant prison officials and then threatened with death if he sought to hold the perpetrators liable. See 28 U.S.C. § 1915 (g); Andrews, 493 F.3d at 1056-57 (holding that “a prisoner who alleges that prison officials continue with a…

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