Johnson v. TDCJ Health Servs. Div.

Full title: ELLOYD JOHNSON v. TDCJ HEALTH SERVICES DIVISION, ET AL.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION

Date published: Jan 7, 2019

CIVIL ACTION NO. 9:18-CV-158 (E.D. Tex. Jan. 7, 2019)

Opinion

CIVIL ACTION NO. 9:18-CV-158

01-07-2019

ELLOYD JOHNSON v. TDCJ HEALTH SERVICES DIVISION, ET AL.

Ron Clark, Senior District Judge

ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff Elloyd Johnson, a prisoner confined at the Polunsky Unit of the Texas Department of Criminal Justice, Correctional Institutions Division (TDCJ-CID), proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 against the TDCJ Health Services Division and Anitra Lindley. Plaintiff requested leave to proceed in forma pauperis.

The Court ordered that this matter be referred to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends denying plaintiff leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g) and dismissing the action unless plaintiff paid the $400 filing fee within fourteen days after the Report and Recommendation was entered.

The Court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and the pleadings. Plaintiff filed objections to the Magistrate Judge's Report and Recommendation.

The Court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the Court concludes the objections are without merit. Plaintiff contends that he is not subject to the "three strikes" bar of § 1915(g). This claim lacks merit because plaintiff has clearly accumulated three strikes. Johnson v. Thaler, 541 F. App'x 179, 480 (5th Cir. 2013) (imposing sanction bar after noting that plaintiff had accumulated three strikes). Plaintiff has not demonstrated that he is in imminent danger of serious physical injury. Therefore, the action should be dismissed without prejudice.

ORDER

Accordingly, plaintiff's objections (document no. 5) are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge (document no. 3) is ADOPTED. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations.

So ORDERED and SIGNED January 7, 2019.

/s/_________

Ron Clark, Senior District Judge