Spurgeon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAUL DAVID JOHNSON, Case No. 23-cv-00327-JSW

Plaintiff,

ORDER OF DISMISSAL

v.

D. SPURGEON, et al., Defendants.

Plaintiff, a California prisoner proceeding pro se, filed this civil rights action and requested leave to proceed in forma pauperis (“IFP”). His motion for leave to proceed IFP was denied under 42 U.S.C. § 1915(g), and he was directed to pay the filing fee or show cause why Section 1915(g) does not apply to him. The deadline has passed, and Plaintiff has not paid the filing fee. He has instead filed an “opposition” to the denial of IFP, which the Court construes as his effort to show cause why Section 1915(g) does not apply. Plaintiff argues that the “imminent danger” exception to Section 1915(g) applies because he contracted COVID-19 at Salinas Valley State Prison (“SVSP”), where he is currently housed, in May 2020 and September 2022. The plain language of the imminent danger clause in Section 1915(g) indicates that "imminent danger" is to be…