FILED
NOT FOR PUBLICATION NOV 27 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KIRELL FRANCIS TAYLOR, Nos. 14-16856, 15-15787
Plaintiff - Appellant, D.C. No. 1:13-cv-01558-AWI-
DLB
v.
CALIFORNIA DEPARTMENT OF MEMORANDUM*
CORRECTIONS AND
REHABILITATION; et al.,
Defendants - Appellees.
Appeals from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
California state prisoner Kirell Francis Taylor appeals pro se from the
district court’s order revoking his in forma pauperis status under 28 U.S.C.
§ 1915(g) in his action alleging federal and state law claims. We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes these cases are suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
under 28 U.S.C. § 1291. We review de novo the district court’s interpretation and
application of § 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 affirm.
The district court did not abuse its discretion by revoking Taylor’s in forma
pauperis status because it properly determined that Taylor has three strikes under
§ 1915(g), and Taylor failed to allege adequately that the “prison officials continue
with a practice that has injured him or others similarly situated in the past[.]”
Andrews, 493 F.3d at 1055-57 (discussing the imminent danger exception to
§ 1915(g)) (emphasis added).
We do not consider on appeal “[d]ocuments or facts not presented to the
district court[.]” United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).
Taylor’s requests, set forth in his opening briefs, are denied.
AFFIRMED.
2 14-16856