Opinion
CIVIL ACTION NO. 5:02-CV-077-C.
April 27, 2002
ORDER
Petitioner, Roque Tercero-Aranda, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Western District of Texas, Waco Division on March 1, 2002. He paid the $5.00 filing fee. By Order dated March 11, 2002, Petitioner's habeas petition was transferred to this Court.
The Court has reviewed the § 2254 petition filed by Petitioner in the Western District and transferred to this Court. Although the wording is slightly different, the grounds raised in his habeas petition in this Civil Action No. 5:02-CV-77-C are included as grounds in his § 2254 habeas petition which is pending before this Court in Civil Action No. 5:02-CV-61-C filed on April 1, 2002. Respondent has been ordered to file an Answer and relevant records in Civil Action No. 5:02-CV-061-C.
In both habeas actions, Petitioner advised that the Texas Court of Criminal Appeals denied his state habeas application on January 9, 2002.
The Court finds that the grounds raised in the § 2254 habeas petition filed in this Civil Action No. 5:02-CV-077-C are duplicative of those grounds raised in Petitioner's habeas action pending before this Court in Civil Action No. 5:02-CV-061-C; therefore, this Civil Action No. 5:02-CV-077-C is dismissed with prejudice.
SO ORDERED.
Petitioner is reminded of the existing orders entered by this Court barring him from filing new civil complaints or habeas petitions and other pleadings, exhibits, correspondence or other pleadings. Petitioner is also reminded of other orders imposing sanctions and barring him from new filings entered by United States District Courts located in the Fifth Circuit and the United States Court of Appeals for the Fifth Circuit, because of his frivolous and malicious filings.
As of April 23, 2002, Petitioner has filed at least 48 civil rights and habeas actions in the United States District Courts located in the Fifth Circuit and he has also filed at least 22 appeals in the United States Court of Appeals for the Fifth Circuit.