Opinion
Civil Action H-06-669.
March 13, 2006
Opinion on Dismissal
Mahmud Ameen Seifullah filed this civil rights complaint as a pauper. 42 U.S.C. § 1983; 28 U.S.C. § 1915. Seifullah is incarcerated in a Texas prison.
Seifullah has sued twenty-six other times in the federal courts in Texas under the name Seifullah or James Lee Powell. Nine of these lawsuits were dismissed as frivolous, failure to state a claim, or malicious. See Powell v. Wilson, H-80cv1670 (S.D.Tx.), Seifullah v. Hayes, H-80cv1923 (S.D.Tx.), Seifullah v. Hayes, H-80cv2546 (S.D.Tx.), Seifullah v. Nguyn, et al., H-84cv2506 (S.D.Tx.), Seifullah v. Henderson, H-84cv2538 (S.D.Tx.), Seifullah v. Procunier, et al., H-85cv1819 (S.D.Tx.), Seifullah v. Terrell, et al., H-88cv2394 (S.D.Tx.), Seifullah v. Garner, et al., 6-89cv581 (E.D.Tx.), and Seifullah v. Lynaugh, et al., 6-89cv583 (E.D.Tx.).
When Seifullah filed these nine lawsuits, he was incarcerated in prison or jail. A prisoner is not allowed to bring a civil action in federal court as a pauper if, while incarcerated, he brought three or more prior actions which were dismissed as frivolous or malicious, unless he is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Seifullah's papers do not show such danger.
This case will be dismissed. 28 U.S.C. § 1915(g). Seifullah's motion to proceed as a pauper (2) is denied.