Redmond v. Capps et al
MEMORANDUM DECISION denying 1 Motion for Leave to Proceed in forma pauperis. Because he has filed three or more cases in federal court which have been dismissed as failing to state a claim or frivolous, Redmond is not eligible to proceed furthe r without prepaying the filing fee in this case. Therefore, Redmond 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. Signed by Judge Ted Stewart on 01/19/2012. (tls)
IN THE ~~f~~r,Ai[lE.3 DISTRICT COURT
\ .~FOlt THE DISTRICT OF UTAH
Case No. 2: 12-CV-42-TS
AMANDA CAPPS et aI.,
District Judge Ted Stewart
Plaintiff, Walter Redmond, an inmate at Salt Lake County Jail, filed a civil rights
complaint against Salt Lake City Police personnel. As discussed below, the Court concludes that
Redmond 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."'·
U.S.C.S. § 1915(a) (2012).
2Jd. § 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)).
Redmond has filed three complaints in the United States District Court for the District of
Utah that were dismissed, both at the trial court level and on appeal, as frivolous or failing to
state a claim upon which relief may be granted. 4
Section 1915(g) applies here because (1) Redmond 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 prisoner who falls within the three-strikes provision is required to prepay the entire filing
fee before his federal claims may proceed further.
Because he has filed three or more cases in federal court which have been dismissed as
failing to state a claim or frivolous, Redmond is not eligible to proceed further without prepaying
the filing fee in this case. Therefore, Redmond 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.
Iff!,. January, 2012.
BY THE COURT:
4See Redmond v. Salt Lake County Sheriff, No. 2:08-CV-568 TS (D. Utah August 28, 2009 & June 3, 20 I 0)
(dismissing complaint, in two separate orders, for failure to state claim upon whieh relief may be granted and failure to
prosecute), afrd. Redmond v. Salt Lake County Jail .Medical Staff, NO.1 0-40 19 (10th Cir. July 27, 20] 0) (dismissing appeal.
stating "Redmond's arguments are not only frivolous but repetitive of his earlier appeal"); Redmond v. Salt Lake City Police
Dep'!, No. 2:08-CV-J53 TC (D. Utah Mar. 9, 2009) (dismissing eomplaint "for failure to stale a claim on which relief can be
granted"), ajJ'd, No. J0-40 14 (10th Cir. July 7, 2010); Redmond v. Salt Lake City Police Dep't. No. 2:07-CV-722 TS (D. Utah
December 11,2009) (same), affd. No. 10-4002 (10th Cir . .Iuly 7, 2010).
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