Williams v. Burnett et al

Filing 15

MEMORANDUM ORDER: IT IS ORDERED that Williamss IFP status and the order [doc. 12] instructing the Sheriff, Warden, or authorized prison official to forward funds the Clerk of Court in regard to this matter, are hereby REVOKED and RESCINDED. THE CLERK IS DIRECTED to send a copy of this order to the Calcasieu Correctional Center. (Order sent to Calcasieu CC on 12/28/17). Signed by Magistrate Judge Kathleen Kay on 12/28/2017. (crt,Haik, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

BOBBY DWAYNE WILLIAMS
DOC # 120007

:

DOCKET NO. 17-cv-935
SECTION P

VERSUS

:

UNASSIGNED DISTRICT JUDGE

DETECTIVE BURNETT, ET AL.

:

MAGISTRATE JUDGE KAY

MEMORANDUM ORDER

Before the court are a pro se civil rights complaint [doc. 9] and “Statement of Facts” [doc.
14] filed pursuant to 42 U.S.C. § 1983 by plaintiff Bobby Dwayne Williams. Williams is an inmate
in the custody of the Louisiana Department of Public Safety and Corrections and is currently
incarcerated at the Calcasieu Correctional Center in Lake Charles, Louisiana.
Williams was granted leave to proceed in forma pauperis (“IFP”) in this action on August
9, 2017. Doc. 12. However, we subsequently discovered that he filed several civil rights complaints
in the United States District Courts for the Western and Eastern Districts of Arkansas while in the
custody of the Arkansas Department of Corrections. 1 At least three of those suits were dismissed
under 28 U.S.C. § 1915(e)(2)(B) as frivolous, malicious, or failing to state a claim on which relief
could be granted. See Williams v. Willie, No. 2:13-cv-2188, docs. 9 & 11 (W.D. Ark. Oct. 24,
2013); Williams v. Houston, No. 5:13-cv-5210, docs. 6 & 7 (W.D. Ark. Jan. 16, 2014); and
Williams v. Darrow, No. 4:13-cv-0026, docs. 16 and 19 (E.D. Ark. May 16, 2013). Furthermore,

1

The “Bobby Dwayne Williams” in the Arkansas suits has a different prisoner number, as he was in the custody of a
different state’s department of corrections, and there are no birthdates or social security numbers provided. However,
we are quite reasonably assured that this party is the same person as the plaintiff in the instant suit, based on the match
between signatures and handwriting in the various complaints. Furthermore, the Bobby Dwayne Williams in this suit
admits that he is incarcerated due to a “parole violation out of Arkansas.” Doc. 10, p. 1.

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Williams’s IFP status was revoked in the Western District of Arkansas under 28 U.S.C. § 1915(g).
Williams v. Hale, No. 6:15-cv-6031, doc. 37 (W.D. Ark. Oct. 21, 2015). That provision states:
In no event shall a prisoner bring a civil action or appeal a judgment in a
civil action or proceeding under this section if the prisoner has, on 3 or more
prior occasions, while incarcerated or detained in any facility, brought an
action or appeal in a court of the United States that was dismissed on the
grounds that it is frivolous, malicious, or fails to state a claim upon which
relief may be granted, unless the prisoner is under imminent danger of
serious physical injury.
28 U.S.C. § 1915(g) (emphasis added).
In this matter, Williams claims that the Calcasieu Parish Sheriff’s Office illegally searched
his cell phone after his arrest. Docs. 9, 14. Williams is not entitled to proceed IFP in this court due
to the dismissals cited above, and his allegations in this suit plainly fall short of the imminent
danger exception. Williams may continue to pursue his claims in this court, but only if he pays the
full filing fee. See Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996).
Accordingly;
IT IS ORDERED that Williams’s IFP status and the order [doc. 12] instructing the Sheriff,
Warden, or authorized prison official to forward funds the Clerk of Court in regard to this matter,
are hereby REVOKED and RESCINDED. THE CLERK IS DIRECTED to send a copy of this
order to the Calcasieu Correctional Center.
IT IS ALSO ORDERED that, in order for this complaint to remain viable, Williams must
pay the full filing fee of four hundred dollars ($400.00) within twenty (20) days of the date of this
order. FAILURE TO PAY THE FULL FILING FEE WILL RESULT IN THE PLEADINGS
BEING STRICKEN FROM THE RECORD.

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THUS DONE AND SIGNED in Chambers this 28th day of December, 2017.

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