Opinion
CIVIL ACTION NO. 4:18-CV-953
03-28-2018
MARCUS JONES, Plaintiff, v. KELLY STRONG, et al, Defendants.
MEMORANDUM AND ORDER
Marcus Jones, an inmate incarcerated at the Wynne Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, has filed a prisoner civil rights complaint. Jones has not paid the filing fee. This action will be dismissed pursuant to the provisions of 28 U.S.C. § 1915(g).
Barring a show of imminent danger, under the Prison Litigation Reform Act of 1995, a prisoner may not file an action without prepayment of the filing fee if he has, on three or more prior occasions, filed a prisoner action in federal district court or an appeal in a federal court of appeals which was dismissed as frivolous or malicious. 28 U.S.C. § 1915(g); Adepegba v. Hammons, 103 F.3d 383, 385 (5th Cir. 1996). Jones accumulated at least three such dismissals before filing the pending complaint, and is no longer allowed to proceed in forma pauperis pursuant to the provisions of section 1915(g). See Jones v. Livingston, No. 4:06-cv-2842 (S.D. Tex. Nov. (, 2006); Jones v. Livingston, No. 6:12-cv-232 (W.D. Tex. Sept. 27, 2012); Jones v. Livingston, No. 6:13-cv-39 (W.D. Tex. Feb. 12, 2013). Jones' allegations allege past abuse, but do not plead any facts showing that he is in any immediate danger which would warrant waiver of the fee requirement. See Choyce v. Dominguez, 160 F.3d 1068, 1071 (5th Cir. 1998); Banos v. O'Guin, 144 F.3d 883, 884 (5th Cir. 1998).
In light of the pleadings and his litigation history, Jones has failed to show that he is eligible to proceed as a pauper. Consequently, this action should be dismissed pursuant to 28 U.S.C. § 1915(g).
The Court ORDERS that the Prisoner Civil Rights Complaint (Docket Entry No. 1), filed by TDCJ-CID Inmate Terry Matthew Davis, TDCJ-CID No. 01948635 is DISMISSED. 28 U.S.C. § 1915(g); 28 U.S.C. § 1915(e).
The Clerk is directed to provide a copy of this Memorandum Opinion and Order to the parties and to the TDCJ - Office of the General Counsel, P.O. Box 13084, Austin, Texas 78711, Fax Number (512) 936-2159, and to the three strikes coordinator for this district, Three_Strikes@txs.uscourts.gov.
It is so ORDERED.
SIGNED on this 28th day of March, 2018.
/s/_________
Kenneth M. Hoyt
United States District Judge