Elliott v. Hill

Filing 3

MEMORANDUM OPINION regarding plaintiff's claims. Signed by Judge Thad Heartfield on 10/2/09. (bjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

DAMON ELLIOTT VS. D. HILL

§ § § MEMORANDUM OPINION CIVIL ACTION NO. 1:09cv763

Plaintiff Damon Elliott, an inmate confined at the Jefferson County Jail, proceeding pro se, filed this civil rights lawsuit. Plaintiff alleges that on October 30, 2007, while he was incarcerated at the United States Penitentiary in Beaumont, Texas, the defendant used excessive force against him. Plaintiff

has filed a motion seeking leave to proceed in forma pauperis in this action. Analysis Title 28 U.S.C. § 1915(g) prohibits prisoners from repeatedly filing frivolous or malicious complaints on an in forma pauperis basis. Section 1915(g) provides as follows:

In no event shall a prisoner bring a civil action or appeal a judgment in a civil action [in forma pauperis] ... if the prisoner has, on three or more occasions ... 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.

Prior to the date on which he filed this lawsuit, at least three lawsuits filed by plaintiff were dismissed as frivolous or for failure to state a claim.1 applicable. As set forth above, plaintiff has had at least three prior lawsuits dismissed as frivolous or for failure to state a claim. The allegations set forth in plaintiff's complaint do not demonstrate that he is in "imminent danger of serious physical injury." Section 1915(g) therefore bars plaintiff from As a result, Section 1915(g) is

proceeding further with a civil rights lawsuit on an in forma pauperis basis. Conclusion For the reasons set forth above, this lawsuit will be dismissed. An appropriate Final Judgment shall be entered.

SIGNED this the 2 day of October, 2009.

____________________________ Thad Heartfield United States District Judge

Elliott v. Masri, 1:97cv3480 (D. Md. Oct. f r i v o l o u s ) ; Elliott v. United States Department of G a . Mar. 13, 2007 (dismissed as frivolous); Elliot ( N . D . Ga. Nov. 29, 2007) (dismissed for failure to

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28, 1997) (dismissed as Justice, 1:07cv480 (N.D. v. Sunderman, 1:06cv1372 state a claim).

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