Opinion
4:22CV101-GHD-DAS
04-25-2023
DEAN C. BOYD PLAINTIFF v. ALLEGIANCE SPECIALTY HOSPITAL OF GREENVILLE AND MISTY HUGHES DEFENDANTS
FINAL JUDGMENT
In accordance with the memorandum opinion entered this day:
(1) The motion by the defendants for summary judgment is GRANTED, and Judgment is ENTERED in favor of the defendants;
(2) The instant case is DISMISSED with prejudice as frivolous and malicious, as all of the. plaintiff's claims are barred by the doctrines of res judicata (while some are also barred by collateral estoppel, and some are wholly without merit);
(3) In addition, to tire extent that the plaintiff brings claims under state law, those claims are BARRED by the applicable one-year limitations period for allegations of assault and batteiy;
(4) As Boyd has previously tallied his third “strike” under the Prison Litigation Reform Act, he may no longer proceed as a pauper unless he can show that he was under imminent danger of serious physical injury at the time he filed his complaint or appeal (see 28 U.S.C. § 1915(g)); indeed, Boyd's in forma pauperis status in civil rights cases filed after February 2, 2022 may be subject to revocation based upon the “three strikes” rule;
(5) In addition, the Clerk of the Court is DIRECTED to file the instant memorandum opinion and final judgment as a “Notice of Res Judicata, Collateral Estoppel, Three PLRA Strikes, and Possible Sanctions” in the following cases (which arise out of the same nucleus of operative facts as the present one) so that the presiding Judge in each case may decide what action, if any, he may take in light of the Notice:
Boyd v. Sutton, 4:22CV138-NBB-JMV;
Boydv. Hughes, 4:23CV35-GHD-RP;
Boyd v S&S Management Group, LLC, 4:22CV65-NBB-DAS;
Boydv. Hughes, 4:23CV36-NBB-DAS;
Boyd v Sutton, 4:21CV159-GHD-DAS. '
; and
(6) Finally, Boyd must SHOW CAUSE, within 21 days why the court should not impose the following sanction: Before Boyd may fde suit in this court in the future, for each allegation, he must provide some modicum of documentary evidence tending to show that the events alleged actually occurred;
SO ORDERED.