FILED
NOT FOR PUBLICATION AUG 10 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FERNANDO ARANDA, No. 10-17304
Plaintiff - Appellant, D.C. No. 2:10-cv-01434-GEB-
DAD
v.
ELIZABETH MEYERS; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
Submitted August 2, 2011 **
Before: RYMER, IKUTA, and N. R. SMITH, Circuit Judges.
Fernando Aranda, a California state prisoner, appeals pro se from the district
court’s order denying his application to proceed in forma pauperis. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Andrews v. Cervantes,
493 F.3d 1047, 1052 (9th Cir. 2007). We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The district court properly denied Aranda’s application to proceed in forma
pauperis because Aranda did not contest that he is a three-strikes filer and did not
provide plausible allegations that he was “under imminent danger of serious
physical injury” at the time he filed 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 prisoner faced ‘imminent
danger of serious physical injury’ at the time of filing”).
Aranda’s remaining contentions are unpersuasive.
AFFIRMED.
2 10-17304