Hale v. State of Tennessee et al

Filing 9

MEMORANDUM AND ORDER. This action is DISMISSED without prejudice to Plaintiff paying the full filing fee of $400.00. The Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally fri volous. Thus, should Plaintiff file a notice of appeal, he is DENIED leave to appeal in forma pauperis. The Clerk is DIRECTED to close the file. Signed by District Judge Travis R McDonough on 12/12/2017. (AML, ) Copy of M/O served to Thomas Eugene Hale.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
THOMAS DANIEL EUGENE HALE,
Plaintiff,
v.
STATE OF TENNESSEE, et al.,
Defendants.

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Case No. 1:16-CV-422
Judge Travis R. McDonough
Magistrate Judge Susan K. Lee

MEMORANDUM AND ORDER

The Court is in receipt of a pro se state prisoner’s civil rights complaint under 42 U.S.C.
§ 1983 [Doc. 1] that was transferred to this Court from the United States District Court for the
Northern District of Mississippi [Doc. 7]. Section 1915(g) of the Prison Litigation Reform Act
of 1996 (PLRA) provides as follows:
In no event shall a prisoner bring a civil action [in forma pauperis] . . . if the
prisoner has, on 3 or more prior occasions, while incarcerated or detained in any
facility, brought an action . . . 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).
While incarcerated, Plaintiff has had at least three prior civil rights actions dismissed as
frivolous or for failure to state a claim. See, e.g., Hale v. Long, No. 1:16-CV-1109 (W.D. Tenn.
June 26, 2007) (dismissed for failure to state a claim); Hale v. Long, No. 1:95-CV-111 (M.D.
Tenn. May 2, 1996) (dismissed as frivolous); Hale v. Williams, No. 1:94-CV-145 (M.D. Tenn.
Sept. 20, 1994) (dismissed as frivolous); Hale v. Rhea, No. 3:94-CV-812 (M.D. Tenn. Sept. 19,
1994) (dismissed as frivolous); Hale v. Boyd, No. 1:94-CV-141 (M.D. Tenn. Sept. 14, 1994)

(dismissed as frivolous); see also Hale v. Cook, No. 1:16-CV-106 (E.D. Tenn. May 2, 2016)
(listed Plaintiff’s § 1915(g) cases, denied Plaintiff in forma pauperis status, and directed
Plaintiff to pay the full filing fee); Hale v. Tenn., No. 1:16-CV-474 (E.D. Tenn. March 14, 2017)
(same); Hale v. Steele, No. 3:12-CV-476 (M.D. Tenn. May 18, 2012) (same); Hale v. NWCX,
No. 1:11-CV-1083 (W.D. Tenn. Dec. 28, 2011) (same).
Plaintiff’s complaint does not contain full sentences and is therefore mostly nonsensical,
but appears to allege, inter alia, that Plaintiff does not want full hormone treatment anymore and
should have responses to complaints regarding bribery and a jailhouse lawyer [Doc. 1 p. 7–8].
Even liberally construing the complaint in favor of Plaintiff, it does not allege that he is any
imminent danger of physical injury. Under § 1915(g), therefore, in order to file this action,
Plaintiff must prepay the entire $400.00 filing fee.
Accordingly, this action is DISMISSED without prejudice to Plaintiff paying the full
filing fee of $400.00. The Court CERTIFIES that any appeal from this action would not be
taken in good faith and would be totally frivolous. See Fed. R. App. P. 24. Thus, should
Plaintiff file a notice of appeal, he is DENIED leave to appeal in forma pauperis. See 28 U.S.C.
§ 1915(a)(3); Fed. R. App. P. 24.
The Clerk is DIRECTED to close the file.
SO ORDERED.
ENTER:
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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