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McGee v. Myers

United States Court of Appeals, Ninth Circuit
May 25, 2001
10 F. App'x 528 (9th Cir. 2001)

Opinion


10 Fed.Appx. 528 (9th Cir. 2001) Wayne P. MCGEE, Plaintiff-Appellant, v. Hardy MYERS; et al., Defendants-Appellees. No. 99-35774. D.C. No. CV-99-618-ALH. United States Court of Appeals, Ninth Circuit. May 25, 2001

Submitted May 14, 2001.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding.

Before PREGERSON, FERNANDEZ, and WARDLAW, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Wayne P. McGee, an Oregon state prisoner, appeals pro se the district court's judgment denying his request to proceed in forma pauperis under 28 U.S.C. § 1915(g), and dismissing, without prejudice, his 42 U.S.C. § 1983 action against prison and state officials. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court's dismissal, see Tierney v. Kupers, 128 F.3d 1310, 1311 (9th Cir.1997), and we affirm.

The district court properly denied McGee's request for in forma pauperis status and dismissed his action without prejudice. See 28 U.S.C. § 1915(g); Tierney, 128 F.3d at 1311. On appeal, McGee raises allegations that he is suffering from serious physical harm. However, McGee failed to allege these facts before the district court, and "[a]s a general rule, we will not consider an issue raised for the first time on appeal." See Howard v. America Online Inc., 208 F.3d 741, 747 (9th Cir.2000).

AFFIRMED.


Summaries of

McGee v. Myers

United States Court of Appeals, Ninth Circuit
May 25, 2001
10 F. App'x 528 (9th Cir. 2001)
Case details for

McGee v. Myers

Case Details

Full title:Wayne P. MCGEE, Plaintiff-Appellant, v. Hardy MYERS; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 25, 2001

Citations

10 F. App'x 528 (9th Cir. 2001)

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