Martinez v. Bus Driver

29 Citing cases

  1. Rodriguez v. Cal. Dep't of Corr.

    3:20CV32-NBB-RP (N.D. Miss. Jan. 27, 2023)

    The court has discretion to dismiss a prisoner § 1983 case both on the merits, and, in the alternative, for failure to exhaust administrative remedies. See Martinez v. Bus Driver, 344 Fed.Appx. 46, 49 (5th Cir. 2009) (per curiam) (upholding district court's dismissal of prisoner § 1983 case both on the merits and, alternatively, for failure to exhaust administrative remedies); see also Gonzalez v. Prasifka, 54 Fed.Appx. 406 (5th Cir. 2002) (District Court “did not err in dismissing [the plaintiff's § 1983] action [on the merits and] on the alternative ground that he failed to exhaust his administrative remedies.”) SO ORDERED.

  2. Rodriguez v. Thomas

    3:20CV32-NBB-RP (N.D. Miss. Jan. 27, 2023)

    The court has discretion to dismiss a prisoner § 1983 case both on the merits, and, in the alternative, for failure to exhaust administrative remedies. See Martinez v. Bus Driver, 344 Fed.Appx. 46, 49 (5th Cir. 2009) (per curiam) (upholding district court's dismissal of prisoner § 1983 case both on the merits and, alternatively, for failure to exhaust administrative remedies); see also Gonzalez v. Prasifka, 54 Fed.Appx. 406 (5th Cir. 2002) (District Court “did not err in dismissing [the plaintiff's § 1983] action [on the merits and] on the alternative ground that he failed to exhaust his administrative remedies.”) SO ORDERED,

  3. Scott v. Billiot

    CIVIL ACTION NO. 19-784-JWD-RLB (M.D. La. Mar. 12, 2020)

    In addition, such dismissals may be treated as "strikes" within the context of 28 U.S.C. § 1915(g). See Emmett v. Ebner, 423 Fed. Appx. 492 (5th Cir. 2011); Martinez v. Bus Driver, 344 Fed. Appx. 46 (5th Cir. 2009); Johnson v. Kukua, 342 Fed. Appx. 933 (5th Cir. 2009). Finally, the Court hereby takes judicial notice of proceedings before this Court in Derrick Scott v. Trish Foster, et al., Civil Action No. 13-0665-JJB-RLB (M.D. La.), wherein both this Court and the Fifth Circuit Court of Appeals found that the plaintiff had accumulated three strikes.

  4. Scott v. Angola Med. Dep't

    CIVIL ACTION NO. 19-477-BAJ-RLB (M.D. La. Dec. 17, 2019)

    In addition, such dismissals may be treated as "strikes" within the context of 28 U.S.C. § 1915(g). See Emmett v. Ebner, 423 Fed. Appx. 492 (5th Cir. 2011); Martinez v. Bus Driver, 344 Fed. Appx. 46 (5th Cir. 2009); Johnson v. Kukua, 342 Fed. Appx. 933 (5th Cir. 2009). Finally, the Court hereby takes judicial notice of proceedings before this Court in Derrick Scott v. Trish Foster, et al., Civil Action No. 13-0665-JJB-RLB (M.D. La.), wherein both this Court and the Fifth Circuit Court of Appeals found that the plaintiff had accumulated three strikes.

  5. Scott v. Vannoy

    CIVIL ACTION NO. 19-642-SDD-RLB (M.D. La. Nov. 26, 2019)

    In addition, such dismissals may be treated as "strikes" within the context of 28 U.S.C. § 1915(g). See Emmett v. Ebner, 423 Fed. Appx. 492 (5th Cir. 2011); Martinez v. Bus Driver, 344 Fed. Appx. 46 (5th Cir. 2009); Johnson v. Kukua, 342 Fed. Appx. 933 (5th Cir. 2009). Finally, the Court hereby takes judicial notice of proceedings before this Court in Derrick Scott v. Trish Foster, et al., Civil Action No. 13-0665-JJB-RLB (M.D. La.), wherein both this Court and the Fifth Circuit Court of Appeals found that the plaintiff had accumulated three strikes.

  6. Scott v. Vannoy

    CIVIL ACTION NO. 19-642-SDD-RLB (M.D. La. Oct. 18, 2019)

    In addition, such dismissals may be treated as "strikes" within the context of 28 U.S.C. § 1915(g). See Emmett v. Ebner, 423 Fed. Appx. 492 (5th Cir. 2011); Martinez v. Bus Driver, 344 Fed. Appx. 46 (5th Cir. 2009); Johnson v. Kukua, 342 Fed. Appx. 933 (5th Cir. 2009). Finally, the Court hereby takes judicial notice of proceedings before this Court in Derrick Scott v. Trish Foster, et al., Civil Action No. 13-0665-JJB-RLB (M.D. La.), wherein both this Court and the Fifth Circuit Court of Appeals found that the plaintiff had accumulated three strikes.

  7. Scott v. AJ

    CIVIL ACTION NO. 18-891-JWD-EWD (M.D. La. Jul. 1, 2019)

    In addition, such dismissals may be treated as "strikes" within the context of 28 U.S.C. § 1915(g). See Emmett v. Ebner, 423 Fed. Appx. 492 (5th Cir. 2011); Martinez v. Bus Driver, 344 Fed. Appx. 46 (5th Cir. 2009); Johnson v. Kukua, 342 Fed. Appx. 933 (5th Cir. 2009). Finally, the Court hereby takes judicial notice of proceedings before this Court in Derrick Scott v. Trish Foster, et al., Civil Action No. 13-0665-JJB-RLB (M.D. La.), wherein both this Court and the FifthJuly 1, 2019 Circuit Court of Appeals found that the plaintiff had accumulated three strikes.

  8. Scott v. Butler

    CIVIL ACTION NO. 18-878-JWD-RLB (M.D. La. Feb. 6, 2019)

    In addition, such dismissals may be treated as "strikes" within the context of 28 U.S.C. § 1915(g). See Emmett v. Ebner, 423 Fed. Appx. 492 (5th Cir. 2011); Martinez v. Bus Driver, 344 Fed. Appx. 46 (5th Cir. 2009); Johnson v. Kukua, 342 Fed. Appx. 933 (5th Cir. 2009). Finally, the Court hereby takes judicial notice ofFebruary 6, 2019 proceedings before this Court in Derrick Scott v. Trish Foster, et al., Civil Action No. 13-0665-JJB-RLB (M.D. La.), wherein both this Court and the Fifth Circuit Court of Appeals found that the plaintiff had accumulated three strikes.

  9. Scott v. Stark

    CIVIL ACTION NO. 17-1697-SDD-EWD (M.D. La. Jan. 9, 2019)   Cited 2 times

    In addition, such dismissals are treated as "strikes" within the context of 28 U.S.C. § 1915(g). See Emmett v. Ebner, 423 Fed. Appx. 492 (5th Cir. 2011); Martinez v. Bus Driver, 344 Fed. Appx. 46 (5th Cir. 2009); Johnson v. Kukua, 342 Fed. Appx. 933 (5th Cir. 2009). Finally, a Court may take judicial notice of the record in prior related proceedings, Missionary Baptist Foundation of America, Inc. v. Wilson, 712 F.2d 206, 211 (5th Cir. 1983), and the Court hereby takes judicial notice of proceedings before this Court in Derrick Scott v. Trish Foster, et al., Civil Action No. 13-0665-JJB-RLB (M.D. La.), wherein both this Court and the Fifth Circuit Court of Appeals found that Plaintiff had accumulated three strikes.

  10. Scott v. Butler

    CIVIL ACTION 18-619-SDD-RLB (M.D. La. Sep. 11, 2018)

    In addition, such dismissals may be treated as "strikes" within the context of 28 U.S.C. § 1915(g). See Emmett v. Ebner, 423 Fed. Appx. 492 (5th Cir. 2011); Martinez v. Bus Driver, 344 Fed. Appx. 46 (5th Cir. 2009); Johnson v. Kukua, 342 Fed. Appx. 933 (5th Cir. 2009). Finally, the Court hereby takes judicial notice of proceedings before this Court in Derrick Scott v. Trish Foster, et al., Civil Action No. 13-0665-JJB-RLB (M.D. La.), wherein both this Court and the Fifth Circuit Court of Appeals found that the plaintiff had accumulated three strikes.