Opinion
CIVIL ACTION NO. 4:18-CV-921
03-26-2018
GETZELL JOHNSON MURRELL, Plaintiff, v. ZANE YOUNG ZEON, et al, Defendants.
MEMORANDUM AND ORDER
Getzell Johnson Murrell, an inmate incarcerated at the Wynne Unit of the Texas Department of Criminal Justice, Correctional Institutions Division, has filed a prisoner civil rights complaint. Murrell 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). Murrell 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 Murrell v. Morgan, No. 6:95-cv-213 (E.D Tex. Feb. 25, 1995); Murrell v. Morgan, No. 6:95-cv-213 (E.D. Tex. Aug. 1, 1996); Murrell v. Menifee, No. 1:05-cv-2143 (W.D. La. May 4, 2006) . Murrell's allegations 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, Murrell 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 Getzell Johnson Murrell, TDCJ-CID No. 1954144 is DISMISSED. 28 U.S.C. § 1915(g).
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.
It is so ORDERED.
SIGNED on this 26th day of March, 2018.
/s/_________
Kenneth M. Hoyt
United States District Judge