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Valenzuela v. Curran
United States District Court, D. Arizona
November 21, 2019
Melinda Gabriella Valenzuela, Plaintiff,
v.
K. Curran, et al., Defendants.
ORDER
Michael T. Liburdi United Stales District Judge
On
August 20, 2019, Plaintiff Melinda Gabriella Valenzuela,
[1]
who is confined in the Arizona State Prison Complex-Lewis,
filed a “Motion for Leave to File Pursuant to Court
Order” (Doc. 1) and an Application to Proceed In Forma
Pauperis and lodged a pro se civil rights Complaint pursuant
to 42 U.S.C. § 1983. The Court will grant the Motion to
File and dismiss the Complaint and this action pursuant to 28
U.S.C. § 1915(g).
I.
Vexatious Litigant Orders
Plaintiff
has filed more than 200 cases in this Court since 2002. In
response, the Court has issued multiple vexatious litigant
injunctions restricting Plaintiff's ability to file in
this Court. In a November 27, 2017 Order in CV
16-00951-PHX-NVW (MHB), the Court amended the current
vexatious litigant injunction and set additional pre-filing
requirements. Pursuant to the amended injunction entered
against Plaintiff, before filing a complaint, Plaintiff must
obtain leave of the Court. Specifically, Plaintiff must file
a Motion for Leave to File that conforms to the following
provisions:
1. Plaintiff must file, with each new Complaint,
documentation showing that Plaintiff has pursued available
administrative remedies. The documentation must include
copies of Plaintiff's grievances, responses to those
grievances, and any appeals filed by Plaintiff as well as
responses to those appeals.
2. If Plaintiff's claims are based on allegations that
she has a serious medical condition or has suffered serious
physical injuries, Plaintiff must file, with the
Complaint, documentation of her medical condition(s) and/or
injuries that goes beyond her own allegations in the
complaint. This evidence may be in the form of medical
records or sworn affidavits from medical professionals that
document the conditions or injuries alleged in the
complaint.
3. As stated in the 2004 Injunction, Plaintiff must also file
a Motion for Leave to File which contains:
(1) in the FIRST sentence, a request for leave to file;
(2) in the SECOND sentence, a certification that the claims
Plaintiff wishes to present are new claims never before
raised and disposed of on the merits by any federal court.
If any future Motion for Leave to File does not contain these
two requirements, IN THE FIRST TWO SENTENCES, the Court will
read no further, the Motion for Leave to File will be denied,
and the case will be dismissed for failure to comply with
this Order of this Court.
(3) in the THIRD sentence, a short, plain statement of the
harm Plaintiff has suffered and by whom such harm was
inflicted. If the THIRD SENTENCE does not contain this
requirement, and if the Court cannot determine what harm
Plaintiff claims to have suffered and what Defendant
allegedly committed the harm, the Court will read no further,
the Motion for Leave to File will be denied, and the case
will be dismissed for failure to comply with this Order of
the Court.
4. Because Plaintiff has “three strikes, ” any in
forma pauperis lawsuit she files must clearly, coherently,
and credibly allege that Plaintiff is under imminent danger
of serious physical injury. False allegations of imminent
harm may subject Plaintiff to sanctions including further
filing restrictions.
5. If Plaintiff fails to comply with all the
requirementsof this Order in any filing,
the Court will, without further notice, deny Plaintiff in
forma pauperis status in that action and in ...