Fernando Aranda v. Elizabeth Meyers

FILED NOT FOR PUBLICATION AUG 10 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FERNANDO ARANDA, No. 10-17304 Plaintiff -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