PATTERSON v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (2019)

MEMORANDUM **

California state prisoner Vester L. Patterson, AKA Vestor Lee Patterson, appeals pro se from the district court's order denying his motion to proceed in forma pauperis in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a 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 Patterson's motion to proceed in forma pauperis because Patterson failed to allege plausibly that he was “under imminent danger of serious physical injury” at the time he lodged the complaint. See 28 U.S.C. § 1915(g); Andrews, 493 F.3d at 1055-57 (discussing the imminent danger exception to § 1915(g)).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.