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

United States Court of Appeals, Ninth Circuit.

Vester L. PATTERSON, aka Vestor Lee Patterson, Plaintiff-Appellant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; California Correctional Health Care Services, Defendants-Appellees.

Nos. 18-15881, 18-16512

Decided: May 28, 2019

Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.

Vester L. Patterson, Cosp-SATF California Substance Abuse Treatment Facility, Corcoran, CA, for Plaintiff - Appellant

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.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network