Michael R. Spengler v. Ttcf Eye Clinic;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL R. SPENGLER,
Petitioner-Appellant,
v.
TTCF EYE CLINIC; et al.,
Defendants-Appellees.
No. 20-55990
D.C. No. 2:20-cv-06892-DOC-SP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
David O. Carter, District Judge, Presiding
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
California state prisoner Michael R. Spengler 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 Spengler’s application to proceed in forma pauperis
(“IFP”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
* 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).
FILED
AUG 25 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-55990
Andrews v. Cervantes, 493 F.3d 1047, 1052 (9th Cir. 2007). We reverse and
remand.
The district court denied Spengler’s application to proceed IFP on the basis
that Spengler has had three or more prior actions or appeals dismissed as frivolous,
malicious, or for failure to state a claim, and that he only alleged he was in
imminent danger of serious physical injury as to a subset of his claims. See 28
U.S.C. § 1915(g). However, Spengler’s plausible allegation of an imminent
danger of serious physical injury in connection with his claim for deliberate
indifference to his serious medical needs entitles him to proceed IFP as to the
entirety of his complaint. See Andrews, 493 F.3d at 1053-54 (“[O]nce a prisoner
satisfies the [imminent danger] exception to the three-strikes rule and otherwise
qualifies for IFP status, the district court must docket the entire complaint and
resolve all of its claims, without requiring the upfront payment of the filing fee.”).
REVERSED and REMANDED.

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