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37 F. App'x 915

Gray v. White

U.S. Courts of Appeals

Decided June 18, 2002

U.S. Courts of Appeals · decided 2002-06-18

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1915 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Tierney v. Kupers

Decided 2002-06-18

¶1MEMORANDUM …

¶2Corey Coleman Gray, a California state prisoner, appeals pro se the district court’s judgment denying, pursuant to 28 U.S.C. § 1915(g), his request to proceed in forma pauperis, and dismissing his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Tierney v. Kupers, 128 F.3d 1310, 1311 (9th Cir.1997), and we affirm.

¶3The district court properly denied Gray leave to proceed in forma pauperis and dismissed his action because Gray had previously filed three or more actions that were frivolous or failed to state a claim for relief, and he did not allege that he was in imminent danger of serious physical harm in the instant action. See 28 U.S.C. § 1915(g); Tierney, 128 F.3d at 1311-12.

¶4We decline to consider Gray’s remaining contentions and we deny Gray’s pending motions.

¶5AFFIRMED.

¶6 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

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