What is the test for an allegation of imminent danger under Section 1915(g)?
MultiRegion, United States of America
The following excerpt is from Wilson v. Smith, No. 2:16-cv-2091 MCE CKD P (E.D. Cal. 2016):
The imminent danger applies only if it is clear that the danger existed when the complaint was filed. Andrews v. Cervantes, 493 F.3d 1047, 1053 (9th Cir. 2007). Allegations of imminent danger that are overly speculative or fanciful may be rejected. Id. at 1057, n.11. Having reviewed the complaint, the undersigned finds that plaintiff has not credibly alleged imminent danger of serious physical injury under 1915(g).
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