Maez v. Gordon et al

Filing 2

MEMORANDUM DECISION denying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff is ordered to pay the entire $350 statutory filing fee within thirty days from the date of this order. Failure to do so will result in the dismissal of the complaint. Signed by Judge Tena Campbell on 12/12/2011. (lnp) Modified by adding order text on 12/13/2011 (lnp).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

FILED
U.S. DISTRICT COURT

20" DEC I 3 P 2: 41
MICHAEL MAEZ,

MEMORANDUM DECJGlt~f~kT OF UTAH
AND ORDER

BY:

Plaintiff,

Case No.2: ll-CV-1118-Tt'EPUTY CLERK ­

vs.
A-WEST STAFF et aI.,

District Judge Tena Campbell

Defendants

Plaintiff, Michael Maez, an inmate at Utah State Prison, filed a civil rights complaint
against Utah State Prison staff members. As discussed below, the Court concludes that Maez
must pay the filing fee before this case can proceed.
The in forma pauperis statute authorizes a court to let an indigent prisoner file a
complaint in federal court without prepaying the filing fee.' But, it also restricts those who have
repeatedly filed complaints that are frivolous or fail to state a valid claim. The relevant portion of
the statute provides:
In no event shall a prisoner bring a civil action ... under this
section if the prisoner has, on 3 or more prior occasions, while
incarcerated or detained in any facility, brought an action or appeal
in a court of the United States that was dismissed on the grounds
that it is frivolous, malicious, or fails to state a claim upon which
relief may be granted, unless the prisoner is under imminent danger
of serious physical injury.,
"These fee provisions are intended 'to reduce frivolous prisoner litigation by making all prisoners
seeking to bring lawsuits or appeals feel the deterrent effect created by liability for filing fees. "',

128

U.S.C.S. § 19J5(a)(20IJ).

2id. § 1915 (g).

3Cosby v Meadors, 351 F.3d 1324, 1327 (10th Cir. 2003)(quoting in re Smith, 114 f.3d 1247, 1249 (D,C.Cir. 1997».

Maez has filed three complaints in the United States District Court for the District of
Utah that were dismissed as frivolous or failing to state a claim upon which relief may be
granted. 4
Section 1915(g) applies here because (1) Maez was a prisoner when he filed this
complaint; and (2) he has filed three or more prior cases in federal court that have been
dismissed as failing to state a claim or frivolous. The language of section 1915(g) is mandatory.
Thus, a federal prisoner who falls within the three-strikes provision is required to prepay the
entire filing fee before his claims may proceed further.
ORDER

Because he has filed three or more cases in federal court which have been dismissed as
failing to state a claim or frivolous, Maez is not eligible to proceed further without prepaying the
filing fee in this case. Therefore, Maez is DENIED leave to proceed without prepayment of fees.
He is ORDERED to pay the entire $350 statutory filing fee within thirty days from the date of
this order. Failure to do so will result in the dismissal of the complaint.

-'b December, 20] 1.
BY THE COURT:

TENA CAMPBELL
United States District Judge

4See Maez v. Garden, No. 2:08-CV -881 TC (D. Utah June 4, 20 I 0) (dismissing complaint lor failure to state claim
upon which relief may be granted); Maez v. lloferrill, No. 2:07-CV-986 TC (D. Utah Sept. 23, 2008) (same): Maez v. Juergens,
No. I :04-CV-142 DB (D. Utah Jan. 21, 2005) (same).