Mendez-Valenzuela v. State of Arizona , 436 F. App'x 827 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ENRIQUE GABRIELLE MENDEZ- No. 07-15293
VALENZUELA,
D.C. No. CV-06-02798-JAT/DKD
Plaintiff - Appellant,
v. MEMORANDUM *
STATE OF ARIZONA; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Enrique Gabrielle Mendez-Valenzuela appeals pro se from the district
court’s judgment dismissing her 42 U.S.C. § 1983 action alleging that defendants
failed to respond properly to her report of an assault and damage to her legal
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
documents. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse
of discretion the district court’s dismissal for failure to comply with vexatious
litigant orders. In re Fillbach, 223 F.3d 1089, 1090-91 (9th Cir. 2000). We affirm.
The district court did not abuse its discretion by dismissing the action
because Mendez-Valenzuela failed to comply with the vexatious litigant orders
entered against her requiring, among other things, that she submit a motion for
leave to file a complaint in which she certifies that she presents claims that have
never been reviewed and disposed of on the merits by any federal court, and that
are not frivolous or taken in bad faith. See Mendez v. Trujillo, No. 04-00698, slip
op. at 1 (D. Ariz. Aug. 18, 2004); Mendez v. Maxwell, No. 02-02452, slip op. at 1
(D. Ariz. Aug. 25, 2003). Mendez-Valenzuela neither submitted a motion for
leave to file a complaint nor certified that she asserted new, non-frivolous, good
faith claims in her complaint.
Mendez-Valenzuela’s remaining contentions are unpersuasive.
AFFIRMED.
2 07-15293