Moore v. Federal Bureau Of Prisons et al

Filing 10

MEMORANDUM OPINION regarding plaintiff's complaint. Signed by Judge Thad Heartfield on 5/25/2012. (bjc)

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

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VS.

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FEDERAL BUREAU OF PRISONS

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CIVIL ACTION NO. 1:12cv149

MEMORANDUM OPINION
Plaintiff Kevin DeWayne Moore, an inmate confined at the
United States Penitentiary in Marion, Illinois, proceeding pro
se, filed the above-styled lawsuit.

Plaintiff has filed a motion

seeking leave to proceed in forma pauperis in this matter.
Analysis
On April 26, 1996, the president signed into law the Prison
Litigation Reform Act.
(1996).

Pub.L. No. 104-134, 110 Stat. 1321

28 U.S.C. § 1915(g), which was created by the Act,

prohibits prisoners from repeatedly filing frivolous or malicious
complaints.

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 plaintiff filed this complaint,
courts had dismissed two lawsuits and one appeal filed by

plaintiff as frivolous or malicious.1

As a result, Section

1915(g) is applicable.
The allegations made in the complaint do not demonstrate
plaintiff was in "imminent danger of serious physical injury" at
the time this lawsuit was filed. Section 1915(g) therefore bars
plaintiff from proceeding with this action on an in forma
pauperis basis.

This case will, accordingly, be dismissed.
Conclusion

For the reasons set forth above, this lawsuit will be
dismissed without prejudice pursuant to 28 U.S.C. § 1915(g).

An

appropriate final judgment shall be entered.
SIGNED this the 25 day of May, 2012.

____________________________
Thad Heartfield
United States District Judge

1

Moore v. 204th Dist. Ct., Dallas County, Tex., No. 08cv2281 (N.D. Tex.
Sept. 29, 2009) (dismissed as frivolous); Moore v. U.S. Marshals Serv., No.
10cv1566 (S.D. Tex. May 17, 2010) (dismissed as malicious); Moore v. 204th
Dist. Ct., Dallas County, Texas, 376 Fed.Appx. 426 (5th Cir. 2010) (appeal
dismissed as frivolous).

2