Does the imminent danger exception apply to an inmate who alleges he is being held in a cell without adequate medical care?

MultiRegion, United States of America

The following excerpt is from Rushdan v. Davey, 1:16-cv-00988-LJO-GSA-PC (E.D. Cal. 2016):

The availability of the imminent danger exception turns on the conditions a prisoner faced at the time the complaint was filed, not at some earlier or later time. See Andrews v.

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Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Imminent danger of serious physical injury must be a real, present threat, not merely speculative or hypothetical. Id. at 1057 n.11. To meet his burden under 1915(g), an inmate must provide "specific fact allegations of ongoing serious physical injury, or a pattern of misconduct evidencing the likelihood of imminent serious physical injury." Martin v. Shelton, 319 F.3d 1048, 1050 (8th Cir. 2003).

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