FILED
NOT FOR PUBLICATION NOV 27 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MELINDA GABRIELLA No. 14-17115
VALENZUELA, FKA Enrique Mendez,
D.C. No. 2:14-cv-01153-NVW-
Plaintiff - Appellant, MHB
v.
MEMORANDUM*
COUNTY OF MARICOPA; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Melinda Gabriella Valenzuela, an Arizona state prisoner, appeals pro se
from the district court’s judgment dismissing her 42 U.S.C. § 1983 action alleging
Eighth Amendment violations in connection with her medical care. We have
*
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).
jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s
interpretation and application of 28 U.S.C. § 1915(g). Andrews v. Cervantes, 493
F.3d 1047, 1052 (9th Cir. 2007). We affirm.
Dismissal of Valenzuela’s action was proper because at least three of
Valenzuela’s prior § 1983 actions were dismissed as frivolous or for failure to state
a claim, and Valenzuela did not plausibly allege that she was “under imminent
danger of serious physical injury” at the time she lodged the complaint. 28 U.S.C.
§ 1915(g); Andrews, 493 F.3d at 1055 (an exception to the three-strikes rules exists
only where “the complaint makes a plausible allegation that the prisoner faced
‘imminent danger of serious physical injury’ at the time of filing”).
Valenzuela’s request for an order stating that documents must be mailed to
the court, filed on April 24, 2015, is denied.
AFFIRMED.
2 14-17115