Nevarez v. Idaho State Correctional Center

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 23 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CONRAD CESAR NEVAREZ, No. 23-2762 D.C. No. 1:23-cv-00341-AKB Plaintiff - Appellant, v. MEMORANDUM* IDAHO STATE CORRECTIONAL CENTER; WARREN T. DAVIS; ATC, Access to Courts Center, Defendants - Appellees. Appeal from the United States District Court for the District of Idaho Amanda K. Brailsford, District Judge, Presiding Submitted October 16, 2024 ** Before: SILVERMAN, R. NELSON, and MILLER, Circuit Judges. Former Idaho state prisoner Conrad Cesar Nevarez appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to pay the filing fee after denying Nevarez’s motion to proceed in forma pauperis (“IFP”). * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s interpretation and application of 28 U.S.C. § 1915(g). Andrews v. Cervantes, 493 F.3d 1047, 1052 (9th Cir. 2007). We affirm. The district court properly denied Nevarez’s motion to proceed IFP because Nevarez had filed at least three prior actions in federal court that were dismissed as frivolous, malicious, or for failure to state a claim, and Nevarez did not plausibly allege that he was “under imminent danger of serious physical injury” at the time that he lodged the complaint. See 28 U.S.C. § 1915(g); Andrews, 493 F.3d at 1055-56 (discussing the imminent danger exception to § 1915(g)). All pending motions and requests are denied. AFFIRMED. 2 23-2762