Opinion
No. 18-15075
01-22-2019
RODNEY JEROME WOMACK, Plaintiff-Appellant, v. D. SWINGLE, M.D./Chief Medical Officer, High Desert State Prison; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 2:17-cv-00829-JAM-AC MEMORANDUM Appeal from the United States District Court for the Eastern District of California
John A. Mendez, District Judge, Presiding Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
California state prisoner Rodney Jerome Womack appeals pro se from the district court's order denying him leave to proceed in forma pauperis ("IFP") in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Washington v. L.A. Cty. Sheriff's Dep't, 833 F.3d 1048, 1054 (9th Cir. 2016). We affirm.
The district court properly denied Womack's motion to proceed IFP because at the time Womack 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. 28 U.S.C. § 1915(g); Andrews v. Cervantes, 493 F.3d 1047, 1053, 1055-56 (9th Cir. 2007) (discussing the imminent danger exception to § 1915(g)).
AFFIRMED.