LAWRENCE K. KARLTON, District Judge.
Defendants have filed a motion for reconsideration of this court's July 10, 2013 order (ECF No. 44) declining to adopt the magistrate judge's April 16, 2013 finding, made in connection with consideration of defendants' March 6, 2013 motion to revoke plaintiff's in forma pauperis status, that plaintiff has failed to demonstrate that he was "under imminent danger of serious physical injury" within the meaning of 28 U.S.C. § 1915(g) when he filed the instant action. Plaintiff opposes the motion, and defendants have filed a reply.
Defendants seek reconsideration of the court's July 10, 2013 order, contending that the court failed to address a dispositive argument previously raised by defendants in their reply to plaintiff's objections to the magistrate judge's findings and recommendations.
At issue is whether the facts alleged in plaintiff's original complaint are sufficient to satisfy the requirements of 28 U.S.C. §1915(g), which prevent inmates who have had three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim upon relief may be granted, from proceeding in forma pauperis "unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C. § 1915(g). This "exception applies if the complaint makes a plausible allegation that the prisoner faced `imminent danger of serious physical injury' at the time of filing."
The allegations of imminent harm in the original complaint are as follows:
Complaint filed September 14, 2010 (ECF No. 1) at 3. The events complained of occurred at California Medical Facility (CMF); plaintiff was incarcerated at California State Prison-Solano (CSP-Solano) when he filed this action.
For the foregoing reasons, the court finds that plaintiff has failed to adequately allege that he was faced with "imminent danger of serious physical injury" at the time he filed this action. Accordingly, defendants' motion for reconsideration will be granted, plaintiff's in forma pauperis status will be revoked, and this action will not proceed further unless plaintiff pays the $350.00 filing for this action.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's April 15, 2013 motion for extension of time (ECF No. 40) is granted;
2. Plaintiff's April 16, 2013 opposition to defendants' motion to revoke plaintiff's in forma pauperis status is deemed timely filed;
3. Defendants' July 17, 2013 motion for reconsideration (ECF No. 45) is granted;
4. Defendants' March 6, 2013 motion to revoke plaintiff's in forma pauperis status is granted;
5. Plaintiff is granted thirty days from the date of this order in which to pay the $350.00 filing fee for this action; and
6. Failure to pay the filing fee as required by this order will result in the dismissal of this action.