Opinion
No. 3:05-CV-830-M.
May 9, 2005
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
This cause of action was referred to the United States Magistrate Judge pursuant to the provisions of Title 28, United States Code, Section 636(b), as implemented by an order of the United States District Court for the Northern District of Texas. The Findings, Conclusions and Recommendation of the United States Magistrate Judge follow:
FINDINGS AND CONCLUSIONS
On February 11, 2005, Plaintiff filed this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is an inmate in the Estelle Unit of the Texas Department of Criminal Justice, Institutional Division. Defendants are District Attorney Bill Hill, John Doe and Larrisa T. Roeder. No process has issued in this case.
Court records indicate that Plaintiff has abused the federal judicial system. The United States District Court for the Eastern District of Texas, Lufkin Division, has sanction Plaintiff in civil action 9:97-CV-207. Plaintiff has been ordered to pay a sanction of $100 and is barred from filing additional pleadings with the court until the sanction is paid in full. There is no indication in the Eastern District's records or in Plaintiff's pleadings that the sanction has been paid.
Additionally, the United States District Court for the Southern District of Texas, Houston Division, has sanction Plaintiff $100 in civil action H-02-0927. Court records indicate that Plaintiff has not satisfied this sanction.
Pursuant to Miscellaneous Order 48, this Court "observe[s] and enforce[s] sanctions imposed by another federal court in Texas involving Texas Department of Criminal Justice inmates who file pleadings in this District, unless the sanctioned inmate establishes a change of circumstances or otherwise demonstrates that enforcing such previously imposed sanctions would be unjust." Plaintiff has not shown the required change of circumstances or that enforcement of the sanctions would be unjust. The complaint should be dismissed.
RECOMMENDATION
For the foregoing reasons, the Court recommends that the District Court dismiss Plaintiff's complaint as barred by sanctions.