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Lance Williams v. Steven Garcia
696 F. App'x 238
9th Cir.
2017
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Docket

*1 Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.

Lance Williams, a California state prisoner, appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action for failure to pay the filing fee after denying his application to proceed in forma pauperis (“IFP”). We have *2 jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. O’Loughlin v. Doe , 920 F.2d 614, 616 (9th Cir. 1990). We may affirm on any ground supported by the record. Id. at 617. We affirm.

The district court properly denied Williams’ motion to proceed IFP because at the time Williams filed the complaint, he had filed three actions that qualified as “strikes,” and he did not plausibly allege that he was “under imminent danger of serious physical injury” at the time he lodged the complaint. See 28 U.S.C. § 1915(g); Coleman v. Tollefson , 135 S.Ct. 1759, 1763 (2015) (“[P]rior dismissal on a statutorily enumerated ground counts as a strike even if the dismissal is the subject of an appeal.”); Belanus v. Clark , 796 F.3d 1021, 1030 (9th Cir. 2015) (dismissal for failure to state a claim because claims were time barred properly counted as a strike); Andrews v. Cervantes , 493 F.3d 1047, 1053 (9th Cir. 2007) (discussing the imminent danger exception to § 1915(g)).

AFFIRMED.

2 16-56854

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Lance Williams v. Steven Garcia
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Aug 17, 2017
Citation: 696 F. App'x 238
Docket Number: 16-56854
Court Abbreviation: 9th Cir.
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