Can plaintiff proceed in forma pauperis in this action?

MultiRegion, United States of America

The following excerpt is from Haney v. Woodruff, No. 2:17-cv-0860-EFB P (E.D. Cal. 2017):

Based on the foregoing, this court finds that plaintiff is precluded from proceeding in forma pauperis in this action unless plaintiff is "under imminent danger of serious physical injury." 28 U.S.C. 1915(g). To meet the exception, plaintiff must allege facts that demonstrate that he was "under imminent danger of serious physical injury" at the time of filing the complaint. Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007) (holding that "it is the circumstances at the time of the filing of the complaint that matters for purposes of the 'imminent danger' exception under 1915(g).").

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