Taylor v. California Department of Corrections & Rehabilitation

U.S. Court of Appeals for the Ninth Circuit
Taylor v. California Department of Corrections & Rehabilitation, 623 F. App'x 488 (9th Cir. 2015)

Taylor v. California Department of Corrections & Rehabilitation

Opinion

MEMORANDUM **

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 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 pau-peris 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]ocu-ments 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.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Kirell Francis TAYLOR, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; Et Al., Defendants-Appellees
Status
Unpublished