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FILED NOT FOR PUBLICATION AUG 10 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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 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