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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 ...

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