United States v. 2020-08-12 | 19-15155 | LANCE REBERGER V. JAMES DZURENDA | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LANCE REBERGER,

Plaintiff-Appellant,

v.

JAMES DZURENDA; et al.,

Defendants-Appellees.

No. 19-15155

D.C. No. 3:17-cv-00552-RCJ-WGC

MEMORANDUM
*

Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding

Submitted August 5, 2020
**

Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges.
Nevada state prisoner Lance Reberger 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 Reberger’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 12 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-15155
Andrews v. Cervantes, 493 F.3d 1047, 1052 (9th Cir. 2007). We reverse and
remand.
The district court denied Reberger’s application to proceed IFP on the basis
that Reberger has three prior strikes. See 28 U.S.C. § 1915(g). However, Reberger
alleged in the complaint that he was under imminent danger of serious physical
harm because his prolonged isolation in administrative segregation is causing him
physical injuries, he is unable to access his HIV medication as prescribed, and his
water is contaminated with chemicals and is undrinkable. These allegations are
sufficient to satisfy the “imminent danger” exception. See Andrews, 493 F.3d at
1055 (an exception to the three-strikes rule exists where “the complaint makes a
plausible allegation that the prisoner faced ‘imminent danger of serious physical
injury’ at the time of filing.”). We reverse the judgment and remand for further
proceedings.
REVERSED and REMANDED.