Opinion
Case No. 2:04-CV-786 DB.
December 16, 2004
ORDER
Plaintiff, Diane Moneta Fritz, filed a pro se prisoner civil rights complaint and applied to proceed in forma pauperis. See 42 U.S.C. § 1983 (West 2003); 28 id. 1915 (Supp. 2004).
This Court will not let an inmate proceed in forma pauperis under 28 U.S.C. 1915 if the inmate has, at three or more prior times while incarcerated, brought an action that was dismissed as "frivolous or malicious or fail[ing] to state a claim upon which relief may be granted." 28 id. § 1915(g). The only exception is if the inmate can show that he or she is "under imminent danger of serious physical injury." Id.
Plaintiff has filed several previous civil actions with the federal courts, several of which have been dismissed as frivolous or failing to state a claim. See Fritz v. Fritz, No. 2:04-CV-330 (D. Utah Nov. 18, 2004) (unpublished); Fritz v. Larson, No. 2:04-CV-361 (D. Utah June 22, 2004) (unpublished);Fritz v. Olverson, No. 2:04-CV-377 (D. Utah June 9, 2004) (unpublished). Plaintiff therefore may not maintain this action without paying the filing fee unless she can show an imminent danger of serious physical injury under § 1915(g). See 28 U.S.C.A. § 1915(g) (West Supp. 2003). She has made no such allegation or showing as to the claims and defendants in the complaint at hand.
Plaintiff has recently filed a "Motion for Order Stopping Drug Injection at Ut. State Hospital." In that motion, she describes facts completely unrelated to the claims and defendants in this case. If Plaintiff wishes to pursue a case based on the facts set forth in her motion, she must first exhaust her grievances as to her claims, then file a new complaint stating these new claims.
IT IS THEREFORE ORDERED that this complaint be dismissed under 28 U.S.C. § 1915(g) with no further notice to Plaintiff unless she pays the full $150.00 filing fee within thirty days from the date of this Order.