Opinion
7:02-CV-071-R
April 23, 2002
ORDER OF DISMISSAL
This is a pro se civil rights action filed pursuant to 42 U.S.C. § 1983 by an inmate confined in the Allred Unit of the Texas Department of Criminal Justice in Iowa Park, Texas. Plaintiff claims that Defendants have conspired to deny him a meal, unlawfully retaliate against him, deny him access to the courts and that wrongful disciplinary action was brought against him. See Complaint.
A review of Lattimer's litigation history reflects that, because of his persistence in repeatedly filing frivolous lawsuits, he has been warned, sanctioned and barred from filing federal civil actions in the Northern District of Texas without first obtaining permission from a District Judge. Lattimer v. State of Texas, 7:97-CV-092-X (N.D. Tex 1997). Lattimer has failed to obtain leave of Court to file this action.
IT IS THEREFORE ORDERED that this case is hereby dismissed without prejudice to Plaintiff's right to re-file upon demonstrating that he has complied with each and every sanction order entered against him by a federal court located in Texas.
IT IS FURTHER ORDERED that, to the extent Plaintiff raises claims cognizable in a habeas proceeding, such claims are hereby dismissed without prejudice.
The Clerk of Court shall transmit a true copy of this order to Plaintiff