COTNER v. JONES

RONALD WHITE, District Judge

Robert Cotner is before this court with another frivolous lawsuit, having filed a "Petition Under HOLDINGS OF FREW -v- Hawkins 540 U.S. 1118 (2004) FOR ENFORCEMENT of Order" [Docket No. 1]. He again is attempting to enforce a purported consent decree in Williams v. Saffle, No. CIV 72-095-JHP (E.D. Okla. Jan. 30, 2001), a civil rights action also known as the Battle case. Plaintiff alleges he is a member of the Battle class, and the Oklahoma Department of Corrections has failed to comply with the dictates of that case.

Plaintiff tried to raise this same meritless argument related to the Battle case in Cotner v. Ward, No. CIV 04-095-FHS (E.D. Okla. July 14, 2004). He was advised in that case that Frew v. Hawkins, 540 U.S. 431 (2004), a case concerning enforcement of a Medicaid program's consent decree, did not apply to his claims. Id. The court further advised him that all injunctions in the Battle case had been dissolved and terminated, and the Battle case was closed for all purposes. Id. Plaintiff's present case is merely a reiteration of his prior vexatious assertions.

Although plaintiff has not paid the filing fee in this action or been granted leave to proceed in forma pauperis, the court is empowered to dismiss the complaint pursuant to 28 U.S.C. § 1915A:

(a) Screening. — The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for dismissal. — On review, the court shall identity cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint —

(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief. . . .

28 U.S.C. § 1915A. See also Plunk v. Givens, 234 F.3d 1128, 1129 (10th Cir. 2000) ("section 1915A applies to all prison litigants, without regard to their fee status, who bring civil suits against a governmental entity, officer, or employee.").

ACCORDINGLY, this actions is dismissed as frivolous, pursuant to 28 U.S.C. § 1915A(b)(1).

IT IS SO ORDERED.