Martin Jonassen v. United States , 671 F. App'x 668 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARTIN JONASSEN, No. 14-16377
Plaintiff-Appellant, D.C. No. 4:13-cv-00792-DCB-
PSOT
v.
UNITED STATES OF AMERICA; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Federal prisoner Martin Jonassen appeals pro se from the district court’s
judgment dismissing his action under Bivens v. Six Unknown Named Agents of
Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging constitutional
violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the
*
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).
district court’s interpretation and application of 28 U.S.C. § 1915(g), Andrews v.
Cervantes, 493 F.3d 1047, 1052 (9th Cir. 2007), and for an abuse of discretion its
denial of leave to proceed in forma pauperis, O’Loughlin v. Doe, 920 F.2d 614,
616 (9th Cir. 1990). We vacate and remand.
The district court revoked Jonassen’s in forma pauperis status without
considering Jonassen’s proposed Third Amended Complaint (“TAC”), which made
plausible allegations that Jonassen was “under imminent danger of serious physical
injury” at the time he lodged the TAC. 28 U.S.C. § 1915(g); see also Andrews,
493 F.3d at 1055 (an exception to the Prison Litigation Reform Act’s three strikes
rule applies if the complaint plausibly alleges that the prisoner faced imminent
danger at the time he filed the complaint). Accordingly, we vacate the judgment
and remand for further proceedings. The district court shall file the TAC docketed
on March 5, 2014.
Jonassen’s request for copies of all filings in the record, filed November 18,
2016, is granted in part. The Clerk shall send Jonassen a copy of the current
docket sheet and a copy of the court’s September 22, 2016 order.
All other pending requests and motions are denied.
VACATED and REMANDED.
2 14-16377